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Table Of Contents - Vol. 55, No. 2 2024

Seton Hall Law Review

No abstract provided.

Yellowstone National Park's Record Of Decision On Bison Management, Lila Bennett

Public Land & Resources Law Review

Bison herds once roamed the American Plains by the millions and were a staple in the lives of Native Americans. By the late 1800’s, bison were nearly extinct due to the westward expansion of European settlers and over hunting. Now, there is a population of merely 30,000 wild bison in North America. Although bison no longer face threats of immediate extinction, wild herds face stark realities of disease, habitat loss, and genetic degradation.

Schutter V. State Board Of Land Commissioners, Gillian P. Ellison

Public Land & Resources Law Review

In Schutter v. State Board of Land Commissioners, the Montana Supreme Court addressed the State’s fiduciary obligation in the context of water rights appurtenant to school trust lands. Central to the Court’s holding was the State’s fiduciary duty in managing lands held in trust for the benefit of the State. By upholding the State’s claim to partial ownership of a water right originating on private land, the Schutter Court underscored the tension between private property rights and the State's trust fiduciary duties.

Flathead-Lolo-Bitterroot Citizen Task Force V. Montana, Sarah J. Leopard

Public Land & Resources Law Review

Flathead-Lolo-Bitterroot Citizen Task Force v. Montana evaluates the efficacy of the proposed 2024 gray wolf floating season in preventing harm to grizzly bears, a protected species in Montana. The Court of Appeals for the Ninth Circuit affirmed the implementation of a “serious questions” test for preliminary injunctions that is specific to Endangered Species Act cases. The Court agreed with the district court’s grant of a preliminary injunction that limited the 2024 floating season temporally, but modified the injunction in two respects, thereby narrowing its application. The Court’s holding signifies the continuation of a preliminary injunction standard that values protections for …

Evaluating The Implementation Of Community Schools’ Strategies To Address Post-Pandemic Student Mental Health, Dawn Gordon

Electronic Theses and Dissertations

This research explores the systemic and structural barriers affecting the effectiveness of community schools, particularly in providing mental health services and support, with a specific focus on how principals have responded to these needs in the post-COVID-19 era. Employing qualitative methods, including focus groups with principals from schools implementing the community schools’ model, the study identifies three major themes: difficulties with lead agency collaboration and coordination with host schools, systemic and structural barriers to effective functioning, and holistic approaches to enhancing student support and well-being with mental health.

Difficulties with lead agency collaboration and coordination reveal how inadequate communication and …

Excessive Before It Begins: A Critical Analysis Of Racialized Encounters Between Police And African American Men, Lucas Goodwin

Electronic Theses and Dissertations

In the last decade, the racial violence that plagues relations between African Americans and the police has been brought to the attention of the American public by means of cell phone video footage of police use of excessive, and at times lethal, force in encounters with African American men. The images of police brutality that have emerged in this time have outraged millions of Americans, sparking nationwide protests, as well as various social and political movements. While perspectives may abound regarding the causes and significance of such brutality, the data is clear on one thing: Police violence disproportionately harms African …

Understanding Widowhood Cultural Practices, Values, And Beliefs, Of Nigerian American Women: An Ethnonursing Study, Prisca Anuforo

Electronic Theses and Dissertations

Introduction: Many widowhood cultural practices are detrimental to the health and well-being of widows in Nigeria. Little is known about the experiences of widowhood for Nigerian American women, their cultural practices, and how it affects their health.

Purpose: Understand widowhood cultural practices among Nigerian Americans and how these experiences may affect health and wellbeing.

Methods: The qualitative ethnonursing method was used to collect data from 25 Nigerian American widows. Data were analyzed using NVivo qualitative data manager software guided by Leininger’s four phases of qualitative analysis.

Results: Widowhood cultural practices are modified and undertaken to preserve health and honor the …

The Changing Face And Increasingly Targeted Tool Of State Interlocutory Appeals, Elizabeth Lee Thompson

Seton Hall Law Review

No abstract provided.

Toward Effective Interfaith Relations Between Christianity And Indigenous African Religious Tradition In The Obolo Context In Nigeria – A Decolonial Theological Approach, Jerome Etenduk

Electronic Theses and Dissertations

This study focuses on the need for effective interfaith relations between Christianity and the Indigenous African Religious Tradition (IART) in a post-colonial Obolo context in Nigeria. It explores a history of complex religious crises in Obolo and identifies that Eurocentric/colonial theological imagination constitutes a significant reason for the problematic interfaith relations in Obolo. The dominant Eurocentric/colonial theology is founded on the theoretical framework that assumes that Europe (and America) is the hubris of knowledge. It negates and discounts the knowledge systems of other people. To know, they must learn from Europe and America. In this way, European missionaries to Obolo …

Graduate Competencies Under The Thai Qualifications Framework For Higher Education In Educational Administration, Sumet Ngamkanok

Journal of Education Studies

This research aimed to 1) study graduate competencies under the Thai Qualifications Framework for higher education in educational administration; 2) develop indicators for developing graduate competency for higher education in educational administration, 3) create a competency development manual for graduates under the Thai qualifications framework for higher education in educational administration. Research instruments included a semi-structured interview form for collecting data and experts interview conclusions to develop indicators and create the questionnaire for evaluation and focus group. There were three stages of the research procedures: 1) studying competency components of graduates under the Thai Qualifications Framework in educational administration; 2) …

Data-Driven Mechanism Design: Jointly Eliciting Preferences And Information, Dirk Bergemann, Marek Bojko, Paul Dütting, Renato Paes Leme, Haifeng Xu, Song Zuo

Cowles Foundation Discussion Papers

We study mechanism design when agents hold private information about both their preferences and a common payoff-relevant state. We show that standard message-driven mechanisms cannot implement socially efficient allocations when agents have multidimensional types, even under favorable conditions. To overcome this limitation, we propose data-driven mechanisms that leverage additional post-allocation information, modeled as an estimator of the pay-off relevant state. Our data-driven mechanisms extend the classic Vickrey-Clarke-Groves class. We show that they achieve exact implementation in posterior equilibrium when the state is either fully revealed or the utility is linear in an unbiased estimator. We also show that they achieve …

Angela Reading V. North Hanover Township New Jersey

2024 Decisions

USDC for the District of New Jersey

Amir Wiley V. Support Magistrate Of East Orange

2024 Decisions

USDC for the District of New Jersey

Fateen Groce V. Mcgoldrick

2024 Decisions

USDC for the Eastern District of Pennsylvania

Kenneth Konias, Jr. V. Pennsylvania Department Of Corrections

2024 Decisions

USDC for the Western District of Pennsylvania

Rebecca Leonard V. Secretary Pennsylvania Department Of Human Service

2024 Decisions

USDC for the Eastern District of Pennsylvania

Knighthood In The Wilderness: Ecocritical Readings Of Nature And Chivalry In The World Of Sir Gawain And The Green Knight, Dajana Memko

Theses and Dissertations

Many interpretations of the Green Knight portray him as a personification of nature or as nature’s embodiment. Ecocriticism, however, challenges a more anthropocentric approach, calling into question deeply ingrained ideals of chivalry and human dominion over nature. The Green Knight is a hybrid creature whose striking features mark his otherness; yet, through his familiarity, he challenges the knight of Camelot and asks them to consider their chivalric identities as well as the nature of their Trojan ancestry and legacy. Among them, Gawain is forced to confront his identity as he ventures into the wilderness of Wirral, and his interactions with …

I Hear A New World, Katie Christ

Theses

“I Hear a New World” is a documentary short film that reflects on the relevance and persistence of nostalgia and tradition during a time of rapid technological advancement and societal change. The film highlights the memories and musings of 8 college students, who were all Class of 2020 high school seniors and whose senior traditions were inevitably brought entirely online due to the Covid-19 global pandemic to varied degrees of success. In rambling, thoughtful delivery, the Gen Z interviewees provide insight into their pre-pandemic internet obsession that led to their teenage reclusivity and how this perspective changed greatly following the …

Revisiting Territorial Sovereignty: Origins, Legitimacy, And Modern Implications, Henan Hu

San Diego International Law Journal

The conventional linkage between territory and sovereignty in international law requires reevaluation, with territorial rights shifting from states to nations. Drawing on Anthony Smith’s theory of historical continuity between pre-modern ethnic communities and modern nations, this article argues that legitimate claims to territory are grounded in the historical consolidation of social, economic, and political ties by ethnic groups to specific lands. It traces the evolution of territorial rights from loosely defined ethnic living areas and fluid state boundaries to the modern conception of national territories under effective control. By distinguishing sovereignty as a construct of the state and territory as …

Development Of Computational Imaging Pipelines To Advance Quantitative Co-Clinical Imaging And Pathology, Kaushik Dutta

McKelvey School of Engineering Graduate Student Theses & Dissertations

Deep learning driven computational methods have profoundly impacted medical imaging by advancing feature extraction, and by establishing a critical foundation for downstream image analysis and interpretation. Co-clinical trials are an emerging area of investigation in which a clinical trial is coupled with a corresponding preclinical study to inform the corresponding clinical trial to enhance translational accuracy and therapeutic development. Within this framework, quantitative imaging and pathology plays a fundamental role in both clinical and preclinical arms of co-clinical trials. Quantitative imaging enables enabling identification and validation of imaging biomarkers which are leveraged to predict therapeutic response, characterize disease phenotypes, and …

Development Of Computational Imaging Pipelines To Advance Quantitative Co-Clinical Imaging And Pathology, Kaushik Dutta

McKelvey School of Engineering Graduate Student Theses & Dissertations

Deep learning driven computational methods have profoundly impacted medical imaging by advancing feature extraction, and by establishing a critical foundation for downstream image analysis and interpretation. Co-clinical trials are an emerging area of investigation in which a clinical trial is coupled with a corresponding preclinical study to inform the corresponding clinical trial to enhance translational accuracy and therapeutic development. Within this framework, quantitative imaging and pathology plays a fundamental role in both clinical and preclinical arms of co-clinical trials. Quantitative imaging enables enabling identification and validation of imaging biomarkers which are leveraged to predict therapeutic response, characterize disease phenotypes, and …

The Encoding Of Decision Variables In Orbitofrontal Cortex (Ofc) Is Longitudinally Stable And Varies By Cortical Layer, Manning Zhang

McKelvey School of Engineering Graduate Student Theses & Dissertations

Economic choices entail computing the values of different options and then making choice by comparing values. Work in primates and rodents has shown that these mental processes rely on the OFC. Neurophysiology studies identified in OFC distinct groups of neurons encoding the value of individual options, the binary choice outcome, and the chosen value. These variables capture both the input and the output of the decision process, suggesting a decision circuit existing in OFC. A primary challenge for the field is to assess the structure and mechanisms governing this circuit. A first fundamental question is whether the circuit is stable …

A Conversation With Justice Brett Kavanaugh, Brett M. Kavanaugh, J. Joel Alicea

Catholic University Law Review

On Thursday, September 26th, 2024, the Center for the Constitution and the Catholic Intellectual Tradition at The Catholic University of America hosted a conversation between Justice Brett M. Kavanaugh and Professor J. Joel Alicea. This was the inaugural event of the new Center. The conversation covered topics such as constitutional interpretation, the separation of powers, religious liberty, and the Catholic intellectual tradition. This is a transcript of the conversation, and the text appears substantially as it was delivered. The video of the event may be found at this link: https://www.youtube.com/watch?v=2sKvSwzkmqo.

All’S “Fair” In Love & Copyright: Copyright’S Incentivization Of Fiction Through The Second Fair Use Factor & Idea/Expression Dichotomy, Peyton J. Smetana

Catholic University Law Review

Copyright Law is supposed to encourage authors to create works of authorship, both factual and fictional. However, Copyright jurisprudence has developed to only protect expression, and not idea, to ensure the continued dissemination of knowledge. In solidifying this belief, two doctrines—Fair Use and the idea/expression dichotomy—allow for individuals to utilize other works of authorship without it being considered copyright infringement. Though widely used throughout the judicial system, the analysis for both the second Fair Use factor—Nature of the Copyrighted Work—and the idea/expression dichotomy are left without clear guidelines, leaving judges with an insurmountable task of determining what is and is …

Spatial Insight Of Kidney Sex-Dimorphism And Tumor Evolution, Chia-Kuei Mo

McKelvey School of Engineering Graduate Student Theses & Dissertations

The landscape of spatial biology research has transformed drastically in recent years allowing a comprehensive understanding of cellular organization and molecular mechanisms in various biological context. This thesis presents three complementary studies that advance our understanding of spatial organization in normal tissue biology and tumor evolution, utilizing cutting-edge spatial multi-omics approaches. The first study presents a comprehensive investigation of kidney sexual dimorphism across the lifespan, integrating six distinct technological platforms: single-nucleus transcriptomics, epigenomics, Visium spatial transcriptomics, Xenium single-cell resolution spatial transcriptomics, conventional immunofluorescence imaging, and co-detection by indexing (CODEX) multiplexed protein imaging. This multi-modal approach reveals that proximal tubules exhibit …

Religion In Public Schools: Constitutional Revolution In Action, Noah R. Feldman

University of Cincinnati Law Review

No abstract provided.

Colliding Doctrines: How Sffa V. Harvard Impacts Public University Officials' Legal Protections, Christo Fosse

University of Cincinnati Law Review

No abstract provided.

Is Hipaa Dead? How Recent Developments In Ftc Section 5 Enforcement May Impact Traditional Notions Of Health Privacy, Brian Patrick

University of Cincinnati Law Review

No abstract provided.

Foia Vs. Fair Trial: How The Freedom Of Information Act Limits The Ability To Uncover Brady Material In Federal Post-Conviction Proceedings, Anna Marchiony

University of Cincinnati Law Review

No abstract provided.

Philosophical Hermeneutic Approaches To Communication Studies, David Errera

Electronic Theses and Dissertations

This dissertation proposes the viability of philosophical hermeneutics as a theoretical framework for communication studies. It has five chapters that each develop this argument. The first chapter provides an overview and justification for the dissertation along with a review of the historical development of philosophical hermeneutics. This provides a sense of general themes and the theoretical basis for philosophical hermeneutics. The second chapter sets out to expound on the viability of philosophical hermeneutics to inform communication research as a form of research praxis. This chapter develops the three main themes from philosophical hermeneutics that this dissertation proposes to integrate into …