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The Ersatz Of The Plain-Meaning Rule Of Statutory Construction In Sackett V. Epa (Ii), Dana Neacsu

Law Faculty Publications

This essay uses the United States Supreme Court second decision in Sackett v. EPA, or Sackett (II), to stress the obvious: judges are tasked with decoding the nation’s laws for everyone’s understanding. This judiciary duty is heightened when judges encounter ordinary sounding words, such as “water” or “wetlands,” especially if they are used in technical statutes like the Clean Water Act (CWA). Moreover, it is this author’s opinion that when in doubt, rather than be afraid of acknowledging ignorance, as some comedians do, judges should aspire to incorporate scientific expertise in their legal reasoning, and avoid the fiction …

Personal Jurisdiction And The Declaration Of Independence, Ryan Williams

Faculty Scholarship

No abstract provided.

The Perceptual Origin Of Added Glottals In Spanish Loans In Modern Nahuan, Hugo Salgado, Justin Pinta

CAS Publications

Spanish vowel-final loans are consistently adopted in modern Nahuan languages with an added glottal phoneme: Spanish mesa > Nahuan mesah ‘table’. This adaptation is puzzling because there is no obvious aspect of the phonological or morphological grammar of Nahuan that motivates it. We present evidence that, due to the weakened voicing of Spanish utterance-final vowels, Nahuan speakers perceive Spanish vowel-final words in utterance-final position as ending in the Nahuan glottal phoneme and adopt the word with it. Our proposal bears on the growing body of literature showing that first- and second-language learners are more sensitive to the phonetic characteristics of sounds …

The Rhetoric Of Abortion In Amicus Briefs, Jamie Abrams

Presentations

No abstract provided.

The Muslims Of Darürrahat, Ismail Gaspirali

Digital Press Books

In Ismail Gaspirali’s 1890s story The Muslims of Darürrahat, (the Peaceful Country) the not entirely intrepid narrator Mullah Abbas Efendi arrives in the imaginary land of Darürrahat. He has been led there by mysteriously appearing guides, who take him from Alhambra palace in Andalusia through an underground tunnel, where he emerges in Darürrahat to find a Muslim utopian country filled with progressive people and dotted with beautiful Islamic architecture and technologically advanced cities. As in most works of utopian imagination which are also aimed squarely at social critique of the author’s present day, there is nothing simple about this …

Trust Relationships: Tales From The Web, Magdoleen Ierlan

Atlantic Marketing Journal

Trust is an important component of any purchasing situation. In an online setting, trust becomes even more important as buyer and seller are not able to directly interact with one another. Compounding the situation is the fact that the consumer cannot directly experience the product under consideration. Organizations have attempted to address this shortcoming by allowing third parties to offer reviews of the product in question. This paper addresses how consumers process these product reviews.

By rooting this paper in trust and uncertainty reduction theory, a testable model was developed. The model was tested, and in general, more helpful reviews, …

The Post-Racial Deception Of The Roberts Court, Cedric M. Powell

SMU Law Review

Students for Fair Admissions v. Harvard/UNC (SFFA) is a post-racial deception unmoored from precedent and societal reality. SFFA deceives the polity and signals an all out assault on anti-discrimination law. To preserve its institutional legitimacy, the Roberts Court promotes doctrinal and conceptual distortions—post-racial deceptions of cognizable injuries advanced through reverse discrimination claims of white plaintiffs; racial proxy claims of discrimination proffered by Asian-Americans; and the fairness rationale of the Court’s circular post-racial edict that “the way to stop discrimination on the basis of race is to stop discriminating on the basis of race.” Chief Justice Roberts’s majority opinion discards the …

Racial Classifications In Higher Education Admissions Before And After Sffa, David E. Bernstein

SMU Law Review

Hundreds of law review articles have discussed the legality of affirmative action programs. Virtually all of them begin with the implicit assumption that the racial classifications used in these programs are legitimate and uncontroversial (an assumption I challenge in my 2022 book, Classified: The Untold Story of Racial Classifications In America). That assumption has been undermined by Students for Fair Admissions, Inc. v. President and Fellows of Harvard College (“SFFA”).

Chief Justice Roberts, writing for a 6–3 majority, asserted that the underlying classifications are “imprecise in many ways” and “opaque.” He quoted Justice Gorsuch’s concurring opinion, which criticized the classifications …

Representation In Healthcare Matters: Perspectives On Inadequate Physician Diversity And Its Potential Impact On Minority Patients, Madison Andrews

Sociology Honors Papers

Disparities in access to healthcare among U.S. racial and ethnic groups, including access to quality services, have existed for centuries (Gibbons, 2005), leading to inequality in health outcomes as race/ethnicity intersects with gender and socioeconomic status (Wellons et al., 2009; Yan et al., 2023). Patients from minority communities face disadvantages due to the lack of diversity amongst physicians, including communication barriers, lack of trust, lesser rapport, and lower level of comfort with doctors who are non-representative of patients’ demographics (Ha & Longnecker, 2010; Lopez et al., 2023; Maldonado et al., 2014; Weech-Maldonado et al., 2003). It is important, then, to …

Why Broker Novel Concepts Into Economic Sociology? Transcending The New Economic Sociology, Aaron Z. Pitluck

Faculty Publications – Sociology and Anthropology

This Current Sociology Monograph draws together six articles that broker novel concepts into economic sociology. To orient this enterprise, this article examines the concepts of creativity and novelty in social theory and explains why it is challenging work to broker concepts across intellectual communities. To understand the existing boundaries across which one could broker, it next describes how the subfield of economic sociology has been shaped by the separation of economics and sociology as distinct fields, which ultimately led to a decline of sociologists studying the economy. Two counter-acting organizational forces that sought to institutionalize a subfield of economic sociology …

Constructing The Birthing Body Across The 20th Century: A Thematic Analysis Of Infertility Disorders In The New England Journal Of Medicine, Nicola Davis

Public Health Theses

Obstetrics and Gynecology (OB/GYN) is a medical subspecialty primarily concerned with birth care, reproduction, and gynecological health. OB/GYN practice plays a historically significant role in the treatment of infertility and reproductive disorders as cultural ideologies of fertility and motherhood have been co-constructed alongside the development of OB/GYN medical practice and knowledge. These constructs inform obstetric practice and serve as a framework for contemporary reproductive care. Modern birth care in the medical setting often reinforces a myriad of issues including stigmatization of birthing people’s bodies, over-medicalization of birth, obstetric racism, and obstetric violence. This paper focuses on the evolution of particular …

Using Ontological Methods To Compare Cybersecurity Maturity Model Certification 2.0 And Cobit 19, Aaron Marshall Ramey

CCAC Theses and Dissertations

Cybersecurity frameworks developed by a variety of organizations and implemented by a much larger collection of organizations differ in their focus and application. Whether designed by a private or government organization, the primary goal is to provide a framework to assess and reduce risk. The Department of Defense (DoD) has recently implemented the second version of the Cybersecurity Maturity Model Certification (CMMC 2.0). In some situations, compliance with CMMC 2.0 has already become mandatory for the Defense Industrial Base (DIB). Compliance will soon be required for all Large Businesses (LB) and Small Businesses (SB) within the DIB. While COBIT 19 …

Reframing Deficit Narratives To Honor The Community Cultural Wealth Of Immigrant Families Of Children With Disabilities, Soyoung Park

All Faculty and Staff Papers and Presentations

Existing research suggests that immigrant families navigating the special education process are rarely positioned as powerful partners working alongside educators. This is a manifestation of the racism and ableism endemic to the United States schooling system that leads to educators viewing immigrant families from a deficit-based lens. Do these perceptions, however, match the ways that immigrant families view themselves? This qualitative participant-observation study addresses this question by exploring educators’ and families’ perceptions and positionings of immigrant families who are navigating special education. I unpack discrepant views among educators and families of 16 children labeled “English Learner” with or suspected of …

Interdisciplinary Unit Planning For The International Baccalaureate Diploma Programme (Ibdp) To Support Multilingual Language Learners, Jessica R. Dubie

All Electronic Theses and Dissertations

The research conducted in this thesis intends to consider the possibilities within the International Baccalaureate Diploma Programme (IBDP) to establish similar levels of interdisciplinarity as the rest of the IB continuum, specifically in the support of multilingual language learners (MLL), given the high numbers of students completing the coursework in their second or third language around the world. In considering various IB publications and the research conducted by Ecctis (2021), the basic framework for how to define interdisciplinarity in the Diploma Programme would be established, but the methodology and support for MLL students in this academic level would come from …

Parent Involvement And Special Education Literature Review, Amanda Basara

All Electronic Theses and Dissertations

Many parents have children in special education. Parents' level of involvement varies per family. Some parents are very involved in their child's education, and some are not. Many parents reported not understanding the special education process, especially looking at comprehensive special education evaluation reports and Individualized Education Plans (IEPs). Parents have reported that these documents are extremely hard to understand, and they need to be written in a way that parents can understand what they are consenting to. Due to the special education paperwork being difficult, parentsr eported that communication is key. Communication helps the parents understand more about their …

Translanguaging As An Elementary Language Immersion Writing Approach, Lauren Hughes

All Electronic Theses and Dissertations

Studies have indicated that implementing translanguaging practices in language immersion programs impacts student writing. However, the overall body of research remains sparse. Because of the limited body of research, opposing ideologies around translanguaging practices create barriers to implementing such practices in school programs. This study explores and evaluates various translanguaging practices and their impact on student development, including multilingual identity and academic achievement, through a comprehensive literature review of existing research. The language immersion settings for the studies included in this research range from elementary schools to universities focusing on elementary immersion programs. Upon completing the literature review, the researcher …

Foreign Language Instruction: Commonalities From Kindergarten To College, Bethany A. Tafoya

Undergraduate Theses, Professional Papers, and Capstone Artifacts

Kindergartners learn much differently than high schoolers or college students. Yet, when it comes to foreign language (FL) instruction, adult learners are often back at square one, like kindergarteners. Though learning capacity and maturity differ greatly between kindergarten and college, are there any common threads in the method of instruction across all these levels? This project was carried out by observing foreign language classrooms from kindergarten to college, identifying the main means of instruction in each class, and analyzing whether any commonalities exist between all the levels. Language is universal, and in an increasingly global world, contact with other languages …

An Investigation Of Empathy In Hcd, Zoey Lofgren

Scripps Senior Theses

Abstract

In this study, we investigated empathy within a human-centered design context. While empathy is a well-researched subject within the field of psychology, there is little experimental research on its application in design. As such, the term “empathy” is often thrown around with a lack of clarity about what it actually means in design courses. Empathy is a complex psychological phenomenon that allows us to respond to and understand others’ emotions, but it is unable to be “turned on.” This study specifically aims to address the question of whether or not empathy is actually used within design. Participants completed two …

Subjectivity As A Predictor Of Adjective Ordering Preferences For Heritage Spanish Speakers, Louise Anne Schiele

Scripps Senior Theses

Adults, as well as children, tend to present adjective ordering preferences in their use of multi-adjective strings. For example, the ordering of “big blue bird” rather than “blue big bird” is reliably preferred for speakers of English. Subjectivity has been shown to be a robust predictor of these adjective ordering preferences, where less subjective adjectives are preferred closer to the noun. Still, much of the previous work on adjective ordering preferences has centered a monolingual experience, and has not considered if multilingual speakers differ in their presentation of these preferences, in any of the languages they speak. This study focused …

The Holy Abject: The Narrative Arc Of Female Christian Martyrdom And Its Implications For Subjecthood In The Roman Empire, Gillian Murdock Gardner

Scripps Senior Theses

This thesis aims to utilize modern critical theory to reveal how the hagiographies of early female Christian martyrs follow a standardized narrative arc. The martyr’s body is hyperfeminized, transformed, and eventually eclipsed in a simultaneous process of unbecoming in the corporeal realm and becoming in a divine register. The martyr’s augmented femininity signals her ability to endure as far as womens’ abject position in the Empire allows, while her bodily transformation conveys a transgression of the ontological pairings of active masculinity and passive femininity that govern Roman social order. Finally, the martyr’s death communicates an imperial attempt to reestablish the …

The Sketchy Science Of Memory: Exploring The Benefits Of Integrating Drawing Into Learning, Eve Smith

Scripps Senior Theses

The drawing effect, wherein drawing enhances information recall compared to writing, has been established for words and short phrases. Previous research has emphasized the efficacy of the drawing effect, particularly for long-term memory, and previous research has shown the enjoyable nature of arts integration into education. This study investigates the applicability of the drawing effect to lecture-based information and assesses the impact of arts integration, like drawing, on learning. Participants in the experimental condition learned and utilized a visual note-taking technique known as sketchnoting, while those in the control group took standard written notes. Participants' recall was evaluated immediately and …

Enhancing Pedagogy With Artificial Intelligence, Inesa Stolper

GHEA21 Open Educational Resources

This guidebook provides an introduction to Artificial Intelligence (AI) and pedagogy for beginners. It explains fundamental AI concepts and essential tools for teachers, addressing key challenges at the intersection of teaching and technology. The guide outlines various methods for incorporating AI into curriculum design and classroom activities to develop critical thinking skills and modernize teaching practices.

An Introductory Guide To Developing Liberal Arts And Sciences Education, Azamat Sakiev

GHEA21 Open Educational Resources

Human learning styles, goals, and beliefs about the purpose of education differ greatly. What should we learn, how do we learn it, and to what end, are some of the key questions that underlie this difference. There is no one-size-fits-all approach to learning because individuals have unique needs, different preferences, and varying aptitudes. Because of this there are several approaches and philosophies to education, of which liberal arts and sciences is one. The task in this guide is to define what this approach is, outline its characteristics, and identify prospective areas for its development in which anyone could contribute.

Implementing Student-Centered Learning In Larger Classrooms In Esl Contexts, Chathuri Weerasinghe

GHEA21 Open Educational Resources

This strengthening guide sheds light on how student-centered learning in larger classrooms with diverse ESL proficiencies can be implemented through systems change in higher education institutions. Insights are built on the collective experience of faculty at the School of General Education (GenEd) at Brac University in Bangladesh and honors the work of these faculty in implementing student-centered LAS education throughout the larger BracU ecosystem.

Comparative Analysis Of Data Augmentation On Sentiment Analysis In Three Distinct Languages, Hyesu Lee

All Graduate Theses, Dissertations, and Other Capstone Projects

Machine learning in natural language processing analyzes datasets to make future predictions for various filed in the real world. By training machine algorithms on the datasets of text, the model can learn patterns and structure of the text in many different languages. Then the model enables to perform the text classification, sentiment analysis, and other tasks. A large and balanced dataset is required to develop an accurate machine learning model. However, the collection of a reliable, large, and equally distributed dataset is a challenging and requires significant resources and time. As a solution to this challenge, a data augmentation technique …

Did January 6 Defendants (Including Donald Trump) “Otherwise Obstruct An Official Proceeding”? Linguistic Analysis For The Fischer Case Before The Supreme Court, Clark Cunningham, Ute Römer-Barron

Faculty Publications By Year

When judges, skilled and sophisticated users of the English language, come to opposing conclusions about the “plain” or “ordinary” meaning of a phrase, how can such a conflict be resolved in an objective way? Traditionally courts have resorted to citing dictionary definitions, but in recent years an alternative approach has been gaining attention and respect: the use of corpus linguistics. The supreme courts of Michigan, Idaho, Utah, Vermont have used made use of corpus-based research in their decisions as has the U.S. Court of Appeals for the Third Circuit. Both the Sixth Circuit and the Ninth Circuit have requested that …

Assemblages And Actor Networks In The Borderlands - The Apposition Of Reproductive Rights Along The Mexican-American Border, Madeleine M. Plasencia

Articles

In 1971, Sarah Weddington argued Roe v. Wade as a class action on behalf of pregnant women living in Texas, many of whom, including herself had to flee the State to obtain an abortion in Mexico. In 2021, Texas enacted S. B. 8, otherwise known as the Texas Heartbeat Act, which created a private cause of action for injunctive relief and statutory damages awards against any person assisting in and any physician accused of performing an abortion, thus reigniting the cross-border flows that historically have made Mexico a haven for runaway enslaved people and pregnant persons heading south to freedom. …

Guns, Abortion And Courts, Sloss, David L.

Santa Clara Law Review

The Supreme Court decided both Dobbs v. Jackson Women’s Health and New York State Rifle v. Bruen in June 2022. Bruen involves gun rights and incorporation doctrine. Dobbs addresses abortion rights and substantive due process (SDP). However, the doctrinal distinction between SDP and in- corporation is untenable. Both doctrines are rooted in the Four- teenth Amendment Due Process Clause; neither finds support in the text or original understanding of the Fourteenth Amend- ment.

The Court applies the same historical test for both SDP and incorporation cases to determine which rights the Due Process Clause protects. Both doctrines address legal issues …

Answering The Call Through An Inquiry Circle : English Educators Embark On A Journey To Become Antiracist, Lisa V. Kenny

Theses, Dissertations and Culminating Projects

This study examines a group of four English educators, two women of color and two white women, who self-identified as teachers for social justice as they formed a teacher inquiry group, called a teacher inquiry circle, as they attempt to become antiracist. The purpose of the inquiry circle was to answer the call to action for more equitable racially just schools that permeated the nation during the Covid-19 pandemic and after the murder of George Floyd in the summer of 2020. To conduct the study a feminist practitioner action research methodology was used, and a racial literacy framework was applied …

Exploring Teachers’ Lived Literacies : Disrupting Hegemonic Conceptions Of Literacy In Schools, Katie F. Whitley

Theses, Dissertations and Culminating Projects

In schools, literacy is often positioned as a fixed set of reading and writing skills. This can limit what counts as an academically acceptable literacy practice despite the complex and nuanced ways people communicate in their personal and social contexts. With this tension around conceptions of literacy in mind, I wondered how teachers thought about literacy in their lives and in what ways (if any) their personal conceptions of literacy crossed the boundary into their classrooms. Thus, this study examines three secondary English language arts teachers’ conceptions of literacy using a feminist approach to new literacies as the theoretical framework …