Digital Commons Network^™

The Major Questions Doctrine At The Boundaries Of Interpretive Law, Daniel E. Walters

Faculty Scholarship

The Supreme Court’s apparent transformation of the major questions doctrine into a clear statement rule demanding clear congressional authorization for “major” agency actions has already had, and will continue to have, wide-ranging impacts on American public law. Not the least of these is the impact it will have on the enterprise of statutory interpretation. Indeed, while it is easy to focus on the policy repercussions of a newly constrained Congress and newly hamstrung administrative state, this Article argues that equally important is the novel precedent that is set in this particular formulation of a clear statement rule, which stands almost …

Academically Productive Talk In The Classroom Through Fishbowl Discussions, Mandee Baumer

Faculty Scholarship

No abstract provided.

Shaping Modern Europe: Evaluating Napoleon Bonaparte's Governance And Impact On European Statecraft, William R. Thurman

CMC Senior Theses

This thesis explores Napoleon Bonaparte’s profound impact on Europe, examining the leadership, military strategies, and reforms that reshaped European governance and law. Retracing Napoleon’s rise to power from the chaos of the French Revolution to the height of the Empire, it highlights the political acumen and strategic genius that enabled him to seize power and dominate Europe. Napoleon's reign is illustrated both as a quest for power and as a transformative movement to modernize Europe through systematic reforms in administration, law, and education.

Central to Napoleon’s vision was the Napoleonic Code, which revolutionized legal systems around the world by emphasizing …

La Emergencia De La Inteligencia Artificial En El Aprendizaje Del Español: ¿Una Suplementación O Sustitución?, Sam Goldfein

CMC Senior Theses

Abstract:

The recent emergence of widespread generative artificial intelligence – alongside the sudden demand for an improved online learning experience – questions the validity of current language learning models: could we improve old language learning models with the new, powerful technological capabilities that we’ve suddenly been granted, or is it time to scrap the old practices entirely and embark on a new technological journey void of professors and traditional classroom environments? This thesis stresses the importance of learning languages and specifically emphasizes the advantages of knowing Spanish as a second language in the United States. To determine the best methods …

House Of Cards: Examining The Justifications Behind Putin’S Failed Gambit In Ukraine, Jonathan Ip

CMC Senior Theses

This paper examines how Russian President Vladimir Putin attempted to legitimize the 2022 invasion of Ukraine. The paper focuses on three justifications identified from Putin’s addresses and existing scholarly arguments: the threat of NATO expansion into Ukraine; the use of historical references such as the Great Patriotic War to portray Ukrainians as neo-Nazis and Russophobes; and the reclamation of lost Russian territories through the Russian world concept. This paper concludes that Putin employed such justifications to conceal his expansionist goals of annexing Ukraine. Moreover, this paper assesses how the 2022 invasion backfired for Putin as he not only failed to …

Strategic Narrative And Global Public Opinion On The Russia-Ukraine Conflict, Jason Rhett

CMC Senior Theses

Through analyzing the cases of public opinion in Russia and South Africa, this thesis explores the nature of strategic narratives and the effects that they have on public opinion. Using the Russia-Ukraine conflict as a case study, it is conclusive that while strategic narratives are important and impactful, they are not the only factor that shape domestic and international public opinion. In Russia, while narrative has swayed a large portion of the population, there are those who’s stances can be attributed to the pressure to conform to the Russian nationalist majority. In South Africa, the country’s leadership has taken a …

Mapping The Older User’S Journey: Building Ux With Theories Of Cognitive Aging, Aichatou Diaw

CMC Senior Theses

The aging global population represents a pressing consideration for user experience (UX) designers. The field of cognitive aging research focuses on characterizing and explaining changes in cognitive functions, such as memory, attention, perception, and problem-solving that occur as people age. Understanding these changes is vital for crafting interfaces that cater to a broader demographic. With the hope of creating more inclusive digital interfaces, this thesis explores the application of three cognitive aging theories, Cognitive Reserve, Cognitive Load Theory, and Controlled Processing, in order to examine their implications for UX design. By integrating insights from these theories, designers can make digital …

The Korean Hanok As A Model For Sustainable Architecture In South Korea, Jordan Oh

CMC Senior Theses

This thesis analyzes the traditional Korean hanok within the Western framework for sustainability across environmental, social, and economic dimensions. It then cross-references the findings of this analysis with existing theory on the cultural role of architecture to elucidate how the traditional Korean hanok can serve as a model for sustainable architecture in South Korea. Through a comprehensive analysis this thesis highlights the importance of architectural vernacular to define a sustainable building, and critiques contemporary Western ideas of sustainable architecture. Furthermore, this thesis synthesizes two current approaches to sustainable development in South Korea, the u-eco-city and the Green Standard for Energy …

Does The Constitution Follow The Flag? The Paradox Of Puerto Rican Identity And Citizenship, Laura Somoza Velez

CMC Senior Theses

How do identity and citizenship interact? Puerto Rico’s current political status is that of an unincorporated, organized territory of the United States, under the shiny title of ‘Commonwealth.’ Although they have US Citizenship, Puerto Rican residents aren’t protected by the US Constitution. This source of dual identification, American and Puerto Rican, creates a unique circumstance where questions of identity, and belonging naturally arise. In this thesis, I aim to answer how the citizenship condition created in Puerto Rico and how it is experienced measure up to current debates and scholarship surrounding citizenship. Achieved through a historical analysis of the formation …

Righteous Fury: A Natural Rights Approach To The Individual Right To Bear Arms Under The Ninth And Fourteenth Amendments, Nikhil Agarwal

CMC Senior Theses

The individual right to bear arms for self-defence has been grounded by the modern Supreme Court in the Second Amendment and incorporated against the States by the Due Process Clause of the Fourteenth Amendment. However, a close examination of both the majority and dissenting opinions in each of the three landmark gun-rights cases decided by the Supreme Court this century- DC v. Heller, McDonald v. Chicago, and New York State Rifle & Pistol Association v. Bruen- reveal how difficult is to determine the original meaning of the Second Amendment, and expose weaknesses in the Court’s current substantive due process …

Comparing The Effects Of Choice And Performance Feedback On The Writing Fluency Outcomes Of Elementary Students, Collin M. Seifert

All Graduate Theses, Dissertations, and Other Capstone Projects

Performance feedback is an effective intervention that improves the writing outcomes of elementary students. Although choice has been referred to as a powerful tool in improving the writing of students, little empirical research has been conducted that investigates the effectiveness of choice when implemented in a class-wide setting. Therefore, the current study used a randomized controlled trial design to compare the effects of performance feedback and choice on the writing fluency outcomes of 40 fourth-grade elementary students in one elementary school. Participants were randomly assigned to either a performance feedback condition (n = 20) or a choice condition (n = …

Not Just A Simple Survey: A Case Study Of Pitfalls In Interdisciplinary, Multiorganizational, Multinational Research For Development, Fleur B.M. Kilwinger, Cynthia Caron, Anne M. Reitveld, Ynte K. Van Dam

Sustainability and Social Justice

Surveys are common research methods in agricultural research for development. Despite the multitude of well-documented warnings for pitfalls in survey research, it appears challenging to avoid these in practice. We use a case study in agricultural research for development to illustrate what complicates survey research within an interdisciplinary, multiorganizational and multinational team. The survey research process, rather than the survey outcome, is our object of study. Using the Methodology of Interdisciplinary Research (MIR) framework we identify different steps within survey research. We overlay a technographic lens to understand “the making of a survey”. We thereby focus on the transformations made …

A People-Centered Approach To Designing And Evaluating Community Justice Worker Programs In The United States, Matthew Burnett, Rebecca L. Sandefur

Fordham Urban Law Journal

No abstract provided.

The Radical Challenge To The Antitrust Order, Daniel A. Crane

Articles

The U.S. antitrust order is undergoing a radical challenge along three key dimensions. First, the challengers seek to denaturalize markets and replace a commitment to competition with an anti-domination norm. Second, the challengers seek to dramatically alter institutional arrangements, with Congressional legislation and agency rulemaking replacing antitrust's longstanding commitment to judicial common law incrementalism. Finally, the challengers would replace the antitrust order's preferred juridical approach-open-ended rule of reason analysiswith a return to bright-line prohibitory rules and a related demotion of economists as decision-makers. Each of these challenges entails significant consequences, many of them unintended, counter-productive, or perverse. Contrary to the …

Tutorial: Knowledge-Infused Artificial Intelligence For Mental Healthcare, Kaushik Roy

Publications

Artificial Intelligence (AI) systems for mental healthcare (MHCare) have been ever-growing after realizing the importance of early interventions for patients with chronic mental health (MH) conditions. Social media (SocMedia) emerged as the go-to platform for supporting patients seeking MHCare. The creation of peer-support groups without social stigma has resulted in patients transitioning from clinical settings to SocMedia supported interactions for quick help. Researchers started exploring SocMedia content in search of cues that showcase correlation or causation between different MH conditions to design better interventional strategies. User-level Classification-based AI systems were designed to leverage diverse SocMedia data from various MH conditions, …

Effects Of Dehumanization And Disgust-Eliciting Language On Attitudes Toward Immigration: A Sentiment Analysis Of Twitter Data, Katherine S. Wahrer, Cynthia J. Najdowski, John V. Passarelli

Psychology Faculty Scholarship

Attitudes towards immigration have been shown to be driven by dehumanization and disgust. The more people dehumanize immigrants and the more disgusted they feel, the more negative attitudes they tend to have toward immigrants. However, little is known about how exposure to social media content that links dehumanization, disgust, and immigration influences users’ attitudes on this issue. This is important to consider because the majority of adults in the United States are on social media. We used Twitter data, machine learning, and sentiment analysis to investigate whether exposure to dehumanizing or disgust-eliciting tweets about immigration impacts users’ own sentiment toward …

Deconstructing The Blueprint For Infringement: Remedying Flawed Interpretations Of The § 120(A) Exception To Architecture Copyrights, Margalit Zimand

Kernochan Center for Law, Media, and the Arts

Drafting the Architectural Works Copyright Protection Act of 1990 (“AWCPA”) consisted of a bizarre hodgepodge of considerations. Ostensibly, the goal of the Act was to bring the United States unquestionably into compliance with the Berne Convention for the Protection of Literary and Artistic Works, which the United States had just recently joined, with as minimal an impact on U.S. law as possible. In reality, this goal — itself not without built-in tensions — was but one of several competing forces at play in the drafting process. The other forces generally fell into three camps. There were the proponents of preserving …

An Examination Of The Visual And Textual Influences On The Anthology Of American Folk Music, Ben Collier

History Theses

The Anthology of American Folk Music is a collection of eight-four selections of southern vernacular recordings made for commercial record labels in the 1920s and 1930s and assembled into a unified collage by Harry Smith. Smith was an experimental filmmaker, painter, and self-taught anthropologist with a deep interest in renaissance hermeticism and mysticism who worked with Moe Asch in 1952 to release the six-record set and accompanying handbook on Folkways Records. The release was heralded by musicians and critics as an essential piece of influence on the folk music revival. Despite this, the Anthology sold poorly and quickly faced legal …

Discourses That Undermine Union Movements: A Multimodal Analysis Of Union-Busting Videos, Theresa A. Catalano, Julia Schleck

Department of Teaching, Learning, and Teacher Education: Faculty Publications

Labor unions in the United States have experienced decades of decline, but recent years have seen a rebirth of union campaigns and successes. Because unions are once again becoming a threat to large companies, it is reasonable to assume that efforts to discourage organizing efforts will increase and become even more robust in the near future. Although traditionally, companies have worked to suspend union organizing through captive audience meetings in which unions were discussed via verbal or written modes, more recent means of reaching workers with anti-union messages incorporate a variety of communication strategies to get the message across. As …

Collaborative Aesthetic Experiences And Teacher Learners: Arts-Practice Research In A Teacher Education Classroom, Theresa A. Catalano, Inoussa Malgoubri, Jennifer Bockerman, Hector Palala Martínez, Mackayla Kelsey, Leonardo Brandolini, Ilia Shcherbakov

Department of Teaching, Learning, and Teacher Education: Faculty Publications

This paper explores the experiences of six teacher learners and one teacher educator in a graduate course on aesthetic education at a Midwestern university in the U.S. Using collective autoethnography and arts-practice research, the researcher/participants examine how aesthetic experiences were activated in the learning environment and how this activation supported the development of transformational rethinking that led to the changing of formed habits of teaching. Findings reveal how aesthetic teacher education can be therapeutic, aid in building connections between the teacher and students (and among students), inspire wonder and discovery, facilitate the valuing and including of cultural and linguistic backgrounds …

Human Capital Disclosure & Corporate Governance: The New Evidence, George S. Georgiev

Faculty Articles

This Article explores the evolution of human capital disclosure—firm-supplied information about various workforce-related matters—as a factor in contemporary corporate governance. Regulatory and nonregulatory developments from recent years have upended longstanding practices and generated extensive new evidence. Most notably, the Securities and Exchange Commission (SEC) adopted a human capital management (“HCM”) disclosure mandate in 2020, which, though long overdue, was criticized from the outset for its modest scope and lax design. In the meantime, courts have taken a renewed interest in board of directors’ oversight responsibilities in a number of areas, including HCM, while labor’s power has unexpectedly increased in some …

The Past As A Colonialist Resource, Deepa Das Acevedo

Faculty Articles

Originalism’s critics have failed to block its rise. For many jurists and legal scholars, the question is no longer whether to espouse originalism but how to espouse it. This Article argues that critics have ceded too much ground by focusing on discrediting originalism as either bad history or shoddy linguistics. To disrupt the cycle of endless “methodological” refinements and effectively address originalism’s continued popularity, critics must do two things: identify a better disciplinary analogue for originalist interpretation and advance an argument that moves beyond methods.

Anthropology can assist with both tasks. Both anthropological analysis and originalist interpretation are premised on …

Cultivating Attentiveness To Law In India Through Legal Anthropology, Deepa Das Acevedo, Jahnavi Chamarthi

Faculty Articles

This Article reviews and analyses scholarship at the intersection of anthropology and law. The first half of the Article provides context for understanding the boundaries, animating concerns, and tensions that have characterised the anthropology of law as an area of interdisciplinary inquiry. We focus especially on the subdiscipline’s Anglo-American history and show how a promising early period of engagement dissipated as both anthropologists and legal scholars lost enthusiasm for each others’ insights and methods. Then, we expand our analysis outward. Because legal anthropology belongs within, and is increasingly attentive to, the broader field of law and society scholarship, we explore …

A Sociolinguistic Study Of Pronominal Expression In Cali, Rafael Orozco, Margareth Marmolejo, Róbinson Grajales

Faculty Publications

This sociolinguistic investigation analyzes variable subject pronoun expression in the PRESEEA-Cali corpus, which is socially stratified in terms of speaker’s gender, age and educational level. We explored 6409 tokens seeking to determine the effects of six predictors: 3 internal and 3 external. Results uncover the highest pronominal rate (28,6%) found to date in a continental Andean highland speech community. The linguistic conditioning shows the strongest effect of grammatical person and number of the subject; specifically, uno is the pronoun that most strongly favors overt subjects. The social conditioning reveals a strong effect of speaker’s age with the youngest speakers disfavoring …

Subject Pronoun Expression In Andean Colombian Spanish: The Preseea-Cali Corpus, Rafael Orozco, Margareth Marmolejo Caicedo, Róbinson Grajales

Faculty Publications

This preliminary investigation explores subject pronoun expression in the PRESEEA-Cali corpus. We explore the effects of five predictor variables (2 social 3 linguistic) on 4425 tokens. Findings reveal the highest pronominal rate (29.7%) found in a continental Latin American speech community. The linguistic conditioning uncovers that grammatical person and number of the subject exerts the strongest conditioning force among all the predictor variables explored. Specifically, uno constitutes the pronoun that most strongly favors overt subjects. The social conditioning reveals that women promote overt subjects, as occurs in the Caribbean region, but contrary to findings in Medellín. Moreover, the effects of …

Access Of Thai Language And The Social Integration Of Shan Migrants In Chiang Mai, Thailand, Nan Tharaphi Aye Lwin

Chulalongkorn University Theses and Dissertations (Chula ETD)

This thesis examines how access to Thai language education influences the social integration of Shan migrants in Chiang Mai, Thailand. Grounded in the 4A Rights-Based Framework (Availability, Accessibility, Acceptability, Adaptability) and Bosswick and Heckmann’s social integration model, the study employs a primarily qualitative approach complemented with mini survey data, migrant case studies, and key informant interviews with educators and CSO leaders. Findings reveal that no single program fully embodies all four components of the 4A Framework. CSO-led programs tend to offer more culturally responsive, flexible, and beginner-friendly learning environments, while formal state-run programs often require prior literacy and are less …

Unpacking The Factors Shaping Long-Term Migration And Livelihoods Of Karen Migrant Workers In Pathum Thani, Thailand, Saw Wai Lu Aung

Chulalongkorn University Theses and Dissertations (Chula ETD)

This study explores the experiences of long-term Karen migrant workers in Pathum Thani province, Thailand. It includes two primary research questions. The first question examines the factors contributing to their long-term settlement in Thailand, while the second question investigates their livelihood strategies for sustaining their livelihoods over time. The study is conducted in the largest agricultural wholesale product market, known as Talad Thai Market, and its surrounding areas in Pathum Thani province. It employs a mixed-methods approach, combining a survey with case study interviews. The survey includes 100 long-term Karen migrant workers who have worked in the market for at …

The Struggle For Educationamong Somali Refugees In Bangkok, Kochaporn Tohsa

Chulalongkorn University Theses and Dissertations (Chula ETD)

The study investigates the multifaceted barriers – legal, institution, social and cultural – hindering Somali refugee children in accessing education in Bangkok, Thailand. Rooted in prolonged political instability and economic constraints in Somalia, which has forced thousands of families to flee their homes throughout Southeast Asia, the study situates the struggles of Somali refugee children within the context of Bangkok’s urban refugee setting. Thailand is home to a large number of undocumented migrants, including a small but growing number of Somali refugee families, despite not being a signatory state to the 1951 Refugee Convention and its 1967 Protocol. These refugee …

Between Borders And Wars: A Study Of Survival Livelihoods In A Kachin Refugee Camp, Ja Seng Bawk

Chulalongkorn University Theses and Dissertations (Chula ETD)

Myanmar (Burma) has experienced prolonged civil conflict, including the Kachin conflict, which reignited in 2011 following the breakdown of a 17-year ceasefire agreement. Rooted in decades of political and ethnic tensions between the Kachin Independence Army (KIA) and the Burmese military (Tatmadaw). The ongoing conflict has displaced more than 100,000 people in Kachin and Northern Shan States. Many continue to live in overcrowded displacement camps located in both government-controlled and Kachin Independence Organization (KIO)-controlled areas near the China–Myanmar border. For youth growing up in these conflict-affected settings, life in refugee camps poses numerous challenges, including limited economic opportunities, restricted social …

Beyond The ‘Boy Crisis’: Reframing Gender Performativity In Belgian Classrooms, Marjolein Vanmaercke

Chulalongkorn University Theses and Dissertations (Chula ETD)

This thesis challenges the dominant discourse surrounding the so-called "boy crisis" in education by critically examining gender performativity in Belgian classrooms. Rather than accepting the narrative that boys are inherently disadvantaged in contemporary schooling, this study interrogates how gender is constructed and performed within educational settings. Drawing on Judith Butler’s theory of performativity, the research explores how teachers, curricula, and peer interactions contribute to the reinforcement or subversion of traditional gender norms. Using qualitative methods, including classroom observations and interviews with educators and students, the study highlights the ways in which gendered expectations shape students' educational experiences and outcomes. The …