Digital Commons Network^™

Fears, Faith, And Facts In Environmental Law, William W. Buzbee

Georgetown Law Faculty Publications and Other Works

Environmental law has long been shaped by both the particular nature of environmental harms and by the actors and institutions that cause such harms or can address them. This nation’s environmental statutes remain far from perfect, and a comprehensive law tailored to the challenges of climate change is still elusive. Nonetheless, America’s environmental laws provide lofty, express protective purposes and findings about reasons for their enactment. They also clearly state health and environmental goals, provide tailored criteria for action, and utilize procedures and diverse regulatory tools that reflect nuanced choices.

But the news is far from good. Despite the ambitious …

Cultural Property: “Progressive Property In Action”, J. Peter Byrne

Georgetown Law Faculty Publications and Other Works

Cultural property law fulfills many of the normative and jurisprudential goals of progressive property theory. Cultural property limits the normal prerogatives of owners in order to give legal substance to the interests of the public or of specially protected non-owners. It recognizes that preservation of and access to heritage resources advance public values such as cultural enrichment and community identity. The proliferation of cultural property laws and their acceptance by courts has occurred despite a resurgent property fundamentalism embraced by the Supreme Court. Thus, this Article seeks to explicate the category of cultural property, its fulfillment of progressive theory, and …

Addressing The Negative Externalities Of Trade: Flanking Policies And The Role Of Package Treaties, Gregory Shaffer

Georgetown Law Faculty Publications and Other Works

This article examines the rationales for addressing sustainability and social inclusion in trade policy and the tradeoffs among imperfect institutional choices in doing so through “flanking policies.” It examines three types of negative spillovers or externalities implicated by trade: material, moral, and social/political. Part I defines terms and sets forth the argument. Part II typologizes the three categories of negative externalities and then highlights the challenges posed for flanking measures given the reciprocal nature of externalities. It respectively addresses environmental harms and labor and social inclusion concerns. Part III assesses different institutional choices for addressing negative externalities, dividing them between …

Blinded By The Light: Resolving The Conflict Between Satellite Megaconstellations And Astronomy, David A. Koplow

Georgetown Law Faculty Publications and Other Works

The sudden emergence of large constellations of small satellites in low altitude orbits represents one of the most dramatic contemporary innovations in outer space. Promising low-cost, low-latency global communications and spectacular capacities for remote sensing of the Earth, these satellites will soon number in the tens of thousands, sponsored by diverse corporations and countries around the world. But this proliferation of spacecraft comes at a steep cost in unavoidable interference with ground-based astronomy: as the satellites overfly the observatories, they block the views of remote objects and phenomena, leaving obliterating white streaks on the collected imagery, and obscuring access to …

Large Constellations Of Small Satellites: The Good, The Bad, The Ugly, And The Illegal, David A. Koplow

Georgetown Law Faculty Publications and Other Works

The most exciting and far-reaching contemporary developments regarding human activities in outer space arise from the recent drastic reductions in the costs of building, launching, and operating satellites, and from the concomitant sudden emergence of large constellations of small, inexpensive, privately-owned spacecraft. These satellites--devoted to highly remunerative functions such as communications (bringing high-speed, affordable internet to underserved constituencies), remote sensing (facilitating land use planning, weather forecasting, and emergency search and rescue), and support for military operations (in Ukraine and elsewhere)--already number in the thousands and will soon reach the tens of thousands.

But in addition to generating billions of …

Brown Now: The Surprising Possibility Of Progressive Reform, Louis Michael Seidman

Georgetown Law Faculty Publications and Other Works

For four decades, the Supreme Court has engaged in a determined, systematic and successful effort to transform and tame Brown v. Board of Education. But in this article, written for a symposium on Brown at 70, I suggest a surprising counterweight to the standard narrative. If one takes modern doctrine seriously -- a big if, I concede-- it has the potential to support some progressive goals.

In particular, modern doctrine might provide progressives answers to three questions:

1. Are race-conscious but facially neutral means of increasing diversity at state institutions of higher education constitutional?
2. Are legacy admissions to state run institutions …

Congress's Power To Investigate Crime: Did Trump Kill Kilbourn?, David Rapallo

Georgetown Law Faculty Publications and Other Works

Can Congress investigate crime? Targets of congressional investigations have tried to argue for decades that the Constitution grants Congress no authority to investigate illegal conduct, but instead vests this power exclusively in the executive and judicial branches. Former President Donald Trump was one of the most recent litigants to make this claim, repeatedly invoking a Supreme Court case from 1881, Kilbourn v. Thompson, despite the fact that the Court condemned this opinion decades ago as “severely discredited.” In contrast, Congress has successfully asserted its own constitutional authority to investigate all types of activity—including illegal conduct—not to prosecute the offenders, …

Towards Fda–Uspto Cooperation, John R. Thomas

Georgetown Law Faculty Publications and Other Works

The Food and Drug Administration (“FDA”) and U.S. Patent and Trademark Office (“USPTO”) play complementary roles in driving pharmaceutical innovation. Yet, for the most part, the agencies conduct their affairs without regard for one another. Recent calls for a “whole of government” approach to reduce this departmentalism have led to only modest initiatives. Collectively, the FDA and USPTO have announced mandates that they have no intention of enforcing; conducted cross- training in topics that their employees will most likely never use; and resisted proposed legislation that would formalize their relationship.

Current agency intransigence represents a lost opportunity to further the …

The (Still) Unexplored Possibilities Of A Poetics Of Law, Naomi Mezey

Georgetown Law Faculty Publications and Other Works

In this contribution to the symposium celebrating the Fiftieth Anniversary of James Boyd White’s The Legal Imagination, I have accepted White’s invitation in the last chapter of his magisterial book to think about poems and judicial opinions as compatible acts of imagination and meaning making. White asks brilliant questions, and his book is full of them, each a nugget of insight and also a prod that asks the reader to think harder, think deeper, revisit her first thoughts, to perhaps change her mind, and above all, with guidance, to educate herself. In this chapter of the book, White is …

Loper Bright In A Larger Interpretive Perspective: Is This Justice Scalia’S Court Anymore?, Victoria Frances Nourse

Georgetown Law Faculty Publications and Other Works

Loper Bright Enterprises v. Raimondo has left administrative lawyers agog: Could the Supreme Court really reverse the “goliath” known as Chevron deference? For those who study the Court’s interpretive landscape more broadly, however, Chevron reversal may not be as unexpected as administrative lawyers believe. This Article will look at Loper Bright by linking three notable interpretive developments: the major questions doctrine, Chevron skepticism, and strict constructions of statutory text. These developments share the same risk: the Court is imposing a new “clarity tax” on both Congress and administrative agencies. Having said this, others’ grave worries about changes in Chevron are …

Breast Tissue As A Local Drug Reservoir For Anticancer Therapy In Breast Cancer, Saniia Shchinar

Electronic Theses and Dissertations

Breast cancer, particularly the estrogen receptor-positive (ER+) subtype, remains a formidable challenge in oncology. Traditional oral therapies for ER-positive breast cancer, such as selective estrogen receptor modulators (SERMs) like Tamoxifen (TAM) and Toremifene (TOR), often encounter issues related to limited bioavailability, metabolic complications, and significant systemic side effects. These side effects include the risk of blood clots, hot flashes, vaginal dryness, menstrual cycle disruptions, and uterus cancer, which can hinder long-term adherence to preventive therapy. The exploration of local drug delivery into breast tissue presents a promising alternative to tackle these challenges. In this study, we explored the feasibility of …

Delivery Of Gemcitabine, Stearoyl Gemcitabine And Paclitaxel Through Plga Nanoparticles And Its Effect On The Desmoplasia Of Pancreatic Cancer Spheroids, Rishabh Bahl

Electronic Theses and Dissertations

Pancreatic cancer is one of the deadliest cancers to treat. The primary cause for the drug resistance is the dense extracellular matrix (ECM) that surrounds the tumor and restricts blood supply. Gemcitabine (GEM) and paclitaxel (PTX) are drugs that are clinically used in the treatment of pancreatic cancer. GEM, however, is rapidly metabolized by cytidine deaminase (CDA) and eliminated from the body, and paclitaxel is a substrate for P- glycoprotein (P-gp) efflux receptors. Drug delivery using nanoparticles has been reported to help improve drug half-lives and bypass efflux receptors. This thesis aims to encapsulate PTX in PLGA nanoparticles (PTX-NP) and …

Role Of Interferon Induced Transmembrane Protein 3 (Ifitm3) And Neural Precursor Cell Expressed Developmentally Down Regulated Protein 4 (Nedd4) In Seneca Virus A (Sva) Replication, Shamiq Aftab

Electronic Theses and Dissertations

In this study, we studied the role of IFITM3 in SVA replication in vitro by silencing the endogenous IFITM3 in NCI-H1299 cells. An average of 1.94-fold increase in SVA VP2 expression and an average of 4.4-fold increase in supernatant virus titer was observed after 24h SVA isolate SD15-26 infection. We have indeed observed an increase in viral mRNA copies by an average of 5-fold in IFITM3 silenced NCI-H1299 cells at 8 hpi indicating that IFITM3 restricts SVA replication post virus attachment and entry. A positive correlation between interferon-alpha induced IFITM3 upregulation and reduced SVA replication was observed. To further confirm …

Understanding The Education Profiles Of Eight Latin American Countries, Girl Center

Adolescents and Young People

Despite significant progress in improving primary enrollment and attainment for girls in low- and middle-income countries (LMICs) in recent years, gender disparities in education persist and hinder opportunities for girls. Educational attainment for girls has plateaued in numerous countries, with only a few making significant strides in narrowing the gender gap. Moreover, attainment alone does not always translate to improved learning. Gender-related barriers such as school environments that are not conducive to learning and the experience of violence, early and forced marriage, and early childbearing, as well as a lack of support for girls’ education impede attainment and learning. The …

Xenophobia, The Global War On Terror, And Refugee Policy In The United States, Canada, And Western Europe, Chloe Lopez

UNF Graduate Theses and Dissertations

Xenophobia has oscillated in intensity in the United States, Canada, and Western Europe since the late eighteenth century. This pattern of fear of immigrants and refugees being harbingers of violence and criminal activity establishes itself throughout the modern history of the United States, Canada, and Western Europe despite much evidence to the contrary. In the twentieth century, the prevailing argument surrounding the creation of xenophobia centered around economics. This divergence from twenty-first century patterns can be attributed to the Global War on Terror increasing alienation of refugees and immigrants through mythmaking and the structural securitization of immigration in the United …

Examining Teachers' Perceptions Of Culturally Responsive Teaching Practices And The Impact On The Academic And Social-Emotional Success Of Black And Brown Boys In Voluntary Prekindergarten Classrooms: A Qualitative Study, Stephanie Gomez Jackson

UNF Graduate Theses and Dissertations

The purpose of this study was to explore voluntary pre-kindergarten (VPK) teachers’ perspectives regarding the theory of culturally responsive pedagogy. This study also sought to understand how teachers implement culturally responsive teaching practices in VPK classrooms and their perceptions of how culturally responsive teaching impacts the academic and social-emotional success of Black and Brown male students. The study was conducted using a qualitative, phenomenological methodology. Gay’s (2018) pillars of culturally responsive teaching were used as the conceptual framework to explore the cultural characteristics, experiences, and perspectives of voluntary prekindergarten (VPK) teachers. Data collection tools included (1) two recorded semi-structured interviews, …

Navigating Unknown Complexities: School Superintendent Perspectives Of Leading During Covid, Jamie Mikelle Pearson Iannone

UNF Graduate Theses and Dissertations

The COVID-19 pandemic has presented unprecedented challenges for educational leaders, particularly superintendents, who have been tasked with navigating the complexities of leading during a global crisis. In this study I explored the perspectives of superintendents on leading during COVID-19 and examined the application of Complexity Leadership Theory in educational settings. Through semi-structured interviews with superintendents from diverse districts, I investigated the strategies and approaches employed by educational leaders to address the multifaceted challenges posed by the pandemic. I also examined the impact of Complexity Leadership Theory on educational practices and outcomes during the pandemic. The findings suggest that superintendents have …

A Clustering-Based Approached To Analyze Impacts Of Digital Divide On Undercounting Issues In Census In Florida, Partha Protim Datta

UNF Graduate Theses and Dissertations

According to the US Census Bureau 2020 data, Florida is one of the six states where the population was undercounted. The census in the US is conducted every ten years and plays a pivotal role in shaping government representation, resource allocation, policy making and federal assistance distribution. Consequently, undercounting of population impacts demographic equality, potentially leading to inequitable distribution of resources. The state of Florida will lose billions of dollars by the end of the decade due to this undercounting issue. So, it is an important task to find the proper reason and sources of undercounting in Florida. The US …

Gender Equity: The Perception Of Career Advancement In Higher Education, Whitney K. Washington

UNF Graduate Theses and Dissertations

Women have made many strides in many industries, yet a gendered leadership gap still exists. On many college and university campuses, women are the top degree earners, but they are not represented in executive leadership roles in higher education. The purpose of this quantitative study is to examine university staff perception of career advancement by investigating how independent variables—demographics, challenges and barriers, diversity management, career planning, work-life balance, and pay—are related to the dependent variable—careeradvancement. The study explores the perception of career advancement as a factor that may explain the gendered leadership gap. This study answers the following research questions: …

Spatial Equity In Accessing Critical Facilities During Hurricanes, Pooya Komeilian

UNF Graduate Theses and Dissertations

Florida encounters multiple natural disasters every year, making evacuation a critical mitigation plan when severe impacts are predicted. Evacuation is a complex procedure that involves everything from household decision-making to large-scale traffic network analysis. It also addresses logistical issues, such as transporting impacted people to shelters or medical centers. Access to shelters, gas stations, and lodgings is of utmost importance, as numerous studies and surveys have shown that some people prefer not to evacuate, even if they perceive the disaster risk to be very high.

Based on this, the present study follows two phases to address gaps in evacuation studies. …

Factors Influencing Household Travel Behavior And Trip Distances In Florida: A Rural Vs. Urban Perspective, Kadeem Lafargue

UNF Graduate Theses and Dissertations

This thesis investigates disparities in travel behaviors between rural and urban populations in the United States, with a specific focus on Florida. Leveraging data from the 2017 National Household Travel Survey (NHTS), the study examines demographic factors such as age, income, and household size, and their influence on travel patterns. By employing statistical methods including Poisson and negative binomial regression models, the research explores two key variables: the frequency of trips made per day and the average trip distance in miles. These models are particularly effective in handling overdispersion in count data, ensuring a robust analysis of travel behaviors across …

Exploring Parental Engagement In A Family Stem Program Leveraging Social Media Spaces, Valentina Bongiovanni

UNF Graduate Theses and Dissertations

The Family Take-home STEM Toolkit Program offers families the opportunity to engage in science, technology, engineering, and mathematics (STEM) learning by utilizing the informal environments of the home and program-dedicated social media groups. This initiative provides a frame for this research, as parental engagement in the context of this early childhood program is explored through the lens of the Ecologies of Parental Engagement (EPE). This theoretical model understands engagement as the mediation of space and capital (Barton et al., 2004) and guides this study to further explore parental perceptions concerning the social media space activated with the STEM Toolkit Program. …

Passperfect: A Secure One Time Password Authentication System, Charlene H. Crawshaw

UNF Graduate Theses and Dissertations

Most organizations have established strong password policies and standards to ensure the confidentiality, integrity, and availability of their data, applications, and critical systems. Even with rigorous implementations and layered approaches such as utilizing multifactor authentications, there are still flaws and vulnerabilities as they have a high dependency on the user adhering to them. In conjunction with these policies, a strong security awareness program should be implemented to educate the end user about strong password hygiene. In this work, we design and implement a secure one-time password (OTP) system, “PassPerfect”, to provide a method of enforcing a strong set of password …

Florida Queer K12 Teachers Perceptions Of School Climate Under “Don’T Say Gay”, Katherine E. Foley

UNF Graduate Theses and Dissertations

Florida's newest legislation leaves many Florida queer teachers feeling marginalized and unprotected in the classroom (Block, 2022). The “Parental Rights in Education” Bill (FL HB 1557 and FL HB 1069), infamously renamed “Don’t Say Gay”, was created ostensibly to help protect parental rights and choices in education. The new law prohibits the discussion of gender identity and sexual orientation in kindergarten through twelfth grade classrooms. “Don’t Say Gay” provides vague guidelines for queer teachers on approaching topics like sexual orientation and gender identity. Despite the evidence that queer teachers who are open and honest about their identity often find themselves …

Why Equity Follows The Law, Adam J. Macleod

Scholarly Articles

Renewed attention to equity in higher education is welcome because true equity helps us to reason together well. When administered correctly, the jurisprudence of equity models civil discourse and, therefore, can teach us how to carry out civic engagement reasonably. Equitable interpretation of the law teaches us how to understand each other charitably. And equity’s deference to law teaches us how to reason well together about our practical problems. Law is the practical reasoning that we do together. Equity serves the ends of justice by serving law, rather than undermining it. These functions of equity in adjudication point toward a …

Breach Of Faith: The Special Problem Of Osha Performance Standards, Marshall J. Breger, Arthur G. Sapper

Scholarly Articles

This Article focuses on a special problem with performance standards - that their performance criteria are often so subjective as to deny regulated persons a clear idea of what is required. It begins with a discussion of specification and performance standards in American regulatory history. It further discusses attempts by Congress and others to, therefore, require that performance criteria be “objective.” The Article then sets out a case study of how congressional attempts to require “objective” performance criteria have fared. It examines in depth whether one agency, the Occupational Safety and Health Administration (OSHA), has complied with that special requirement …

"Appropriate" Appropriations Challenges After Community Financial, Chad Squitieri

Scholarly Articles

The standard federal agency must come to Congress each year, hat in hand, and request another round of congressional funding. This annual appropriations process ensures that Congress maintains at least some influence over the vast array of rules and regulations that govern Americans' daily lives. Sure, Congress might have delegated broad authority to administrative agencies to develop national policy on Congress's behalf. But an agency reliant on annual appropriations is an agency with the financial incentive to exercise its delegated authority with an eye toward pleasing congressional appropriators. The annual appropriations process is therefore a sensible (even if insufficient) step …

Group Ownership And The Ends Of Legal Fictions, Adam J. Macleod

Scholarly Articles

The march of the progressive societies was, as we all know, from status to contract. And now? And now that forlorn old title is wont to introduce us to ever new species and new genera of persons, to vivacious controversy, to teeming life; and there are many to tell us that the line of advance is no longer from status to contract, but through contract to something that contract cannot explain, and for which our best, if an inadequate, name is the personality of the organized group.

An Examination Of Scientific And Technical Communication For Forensic Engineering And Forensic Pathology., Tori C. Reeder

Dissertations, Master's Theses and Master's Reports

Police communication sits at the unique intersection of risk communication, scientific and technical communication, and medical communication, as we see in forensic reports. In this dissertation, I examine the communicative underpinnings of forensic pathology and forensic engineering reports. I argue that there is not only an inherent link between the unpredictability of a written text and the reception of said text by both its intended and unintended audience, but also a link to the broader socio-cultural contexts. I will examine an atypical forensic pathology report (autopsy report) of George Floyd, a more standard forensic pathology report of an inmate who …

“Not Much Of A Job”: Everyday Life And Labor At Camp Au Train, Josef T. Iwanicki

Dissertations, Master's Theses and Master's Reports

In this thesis, I use data from Camp Au Train, a Civilian Conservation Corp camp in Michigan’s Hiawatha National Forest, as a case study to connect the everyday life of enrollees with dominant government narratives while including a focus on labor and the capitalist crisis of the Great Depression. Using the vantage point of work, play, study, and health, I integrate archaeological, historic, and photographic evidence to show contradictions between the enrollees’ real lived experience and the dominant perspectives of the CCC ‘authorities’ who organized their lives. I argue that to interpret these contradictions, the CCC needs to be connected …