Digital Commons Network^™

Under Political Pressure: How Courts And Congress Can Help Prosecutors Do Justice, Bruce A. Green, Rebecca Roiphe

Faculty Scholarship

Some subordinate federal prosecutors faced a challenging professional dilemma in the early days of the second Trump Administration. It arose from the tension between their role as public officials and lawyers who owe fiduciary duties to the public and their role as Department of Justice (DOJ) employees who take direction from higher-ups. The DOJ leadership directed these subordinate prosecutors to use their considerable power in ways evidently designed to advance partisan political objectives. This was contrary to the clear understanding previously expressed by courts, the legal profession, and the DOJ itself that prosecutors have a duty to seek justice, which …

Subordinate Prosecutors’ Independence, Bruce A. Green, Jessica A. Roth

Faculty Scholarship

This essay is about subordinate prosecutors’ independence to do what they think constitutes “seeking justice” when they perceive that their boss, or their boss’s boss, wants them to do something that is unjust—not illegal, but unjust. Of course, if subordinate prosecutors want to do either what they are told to do or what they infer that a higher-up wants them to do, they can do so, as long as the conduct is legal. Subordinate prosecutors might choose to disregard their own professional judgment of what justice requires because they share their boss’s objectives, because they see conforming as a route …

Heat Camps: Juvenile Curfews, Extreme Heat & The Eighth Amendment, Norrinda Brown

Faculty Scholarship

For decades, in the summertime, America has confined certain of its youth in what are essentially open-air heat camps. In city after city, camp-form is established through the enactment of warm-weather juvenile curfews which keep the youth at home or in state-sponsored centers during summer nights and, increasingly, during days as well. Local governments justify these curfews with general notions of “public safety,” including to protect the youth they confine. But the laws are not benevolent. Reducing youth mobility by curfew results in exclusion, oversurveillance, and potentially lethal heat punishment of the youth, possibly in violation of the Eighth Amendment. …

100 Years Of The Federal Arbitration Act, Paul Bland, John H. Chun, Linda A. Klein, Pamela K. Bookman

Faculty Scholarship

No abstract provided.

Novel Sex Work Anti-Discrimination Protections, Chi Adanna Mgbako, Christine Eldabh, Katie Falk, Emma Pennie

Faculty Scholarship

Sex workers throughout the world experience ubiquitous and acute discrimination in every facet of their lives due to deeprooted stigma. Societal fear and hatred of sex workers often lead to their exclusion from healthcare services, financial institutions, and accessible housing, as well as their marginalization by the carceral state, family law systems, media, and politicians. Between 2022 and 2024, the Australian jurisdictions of the Northern Territory, Queensland, and Victoria passed groundbreaking legislation codifying novel anti-discrimination protections for sex workers. These laws are the first in the world to explicitly protect sex workers against discrimination in accommodation, employment, government services, and …

The Siren Song Of Territoriality, Robin J. Effron, Alan M. Trammell

Faculty Scholarship

Territoriality—the theory that a state’s physical borders determine its power and sovereignty—boasts a long, venerable history. For centuries, it served as the dominant political theory for myriad ideas. It defined a wide range of doctrines, including personal jurisdiction, choice of law, and prescriptive jurisdiction. By the middle of the twentieth century, though, this rigid territoriality no longer described or responded to the challenges of a society that had grown increasingly mobile and interconnected. Courts replaced inflexible territorial theories with more functional theories rooted in fairness and state regulatory interests.

In recent years, territoriality has seen a curious resurgence. The Supreme …

Abolitionism, Artificial Intelligence, And Non-Reformist Reform, Youngjae Lee

Faculty Scholarship

Prison abolitionism has gained significant prominence in criminal law scholarship, while artificial intelligence (AI) has emerged as a transformative force across society. Two schools of thought have arisen regarding their intersection. Some scholars contend abolitionists should welcome AI technologies to reduce the carceral state’s reach. Critics view these tools skeptically, arguing that they lead to biased surveillance and incarceration practices. Using this debate as an example, this article seeks to illuminate the distinction between reformist and non-reformist reforms. The article argues that abolitionists’ criticism of reformists as agents of oppression risks alienating potential allies and discouraging progressive interventions in pivotal, …

When Hard Cases Make Bad Law: A Theory Of How Case Facts Affect Judge-Made Law, Sepehr Shahshahani

Faculty Scholarship

“Hard cases make bad law” is one of the most famous aphorisms in Anglo-American law. Its insight is that when strict application of a generally sound law would impose a special hardship on someone, a court may be tempted to distort the law to avoid the hardship. Scholars have long debated the meaning and truth of the aphorism, but the debate has suffered from an imprecise conceptualization of what makes a case “hard.” This lack of precision limits our ability to disentangle and work through the important questions the aphorism raises about how the facts of a particular case affect …

Hayek And Tawney: A Forgotten Conversation On Economics And Christian Ethics, Roger J. Newell

Faculty Publications - George Fox School of Theology

The dramatic British election of 1945 and an unlikely best-seller on economic philosophy provides the setting for a respectful conversation, rather than an acrimonious debate, between two long-time colleagues of the London School of Economics, the economic theorist F.A. Hayek and the economic historian R.H. Tawney. Their dialogue highlights divergent approaches to key moral issues embedded in economic thought, including the nature of freedom, the role of the state, and the reasons for poverty. The article examines the way in which Christianity underpins Tawney's approach to these questions and how, for Hayek, a network of secular beliefs performs a parallel …

Review Of Steven Nemes, Theological Authority In The Church: Reconsidering Traditionalism And Hierarchy, Isaac Choi

Faculty Publications - George Fox School of Theology

Nemes correctly identifies the key difference between Protestantism and its Catholic and Orthodox siblings as not being about justification, transubstantiation, or the Marian dogmas, but as rooted in the question of theological authority: are there individuals or groups in the church who have “the standing to tell other persons (not) to do or believe something for the sake of friendship with God” (xiii)? Nemes’s contention is that only God has such authority, and he makes the case for this claim in this book primarily by appealing to the teachings of Jesus and the apostles. The analysis of the New Testament …

Comparative Effectiveness Of Conservative Versus Early Surgical Treatments On Wound Healing Outcomes Of Diabetic Foot Ulcers: A Literature Review, Paul Tran, Yasim Zafar, Andrea Piña, Stephanie N. Campbell

School of Podiatric Medicine Publications

Diabetic foot ulcers (DFUs) are a severe complication of diabetes mellitus and the leading cause of lower extremity amputations worldwide. Peripheral neuropathy and peripheral arterial disease secondary to complications of diabetes mellitus may result in ulcers going unnoticed, increasing the risk of severe osteomyelitis, necrotizing infection, hospitalization, amputation, and sepsis. While conservative management of DFUs remains the first-line approach—emphasizing wound care, infection control, glycemic management, and offloading—there is growing debate about whether delaying simple surgical interventions worsens long-term outcomes. Surgeries such as tenotomy, digital amputation, and tendo-Achilles lengthening are minimally invasive options that can correct deformities, prevent recurrence, and promote …

Why Can't We Just Be: Native American College Student Sense Of Belonging At The University Of North Dakota, Gavin Michael Nadeau

Theses and Dissertations

Sense of belonging is a primary indicator of retention and persistence to graduation forNative American college students. Though more than doubling in the past 30 years, Native American college student enrollment has decreased since 2010 (197,000 in 2010 to 107,000 in 2021) (PNPI, 2021; NCES, n.d.). In 2020, Native American students’ 2nd year retention rate was more than 20% lower than their white peers at the University of North Dakota (UND, 2020). When college students of color feel like they belong, they are more likely to retain, persist, and graduate (Mowreader, 2024; Hurtado & Carter, 1997; Hurtado et al., 1999). …

Investigating The Role Of Keratin 6 And Sox2 In Regulating Growth, Stemness, Basal/Squamous Expression, And Chemotherapy Response In Muscle-Invasive Urothelial Carcinoma, Nelofar Nargis

Theses and Dissertations

Urothelial carcinoma (UC) is a prevalent and aggressive malignancy arising in urothelial cells, with arsenic exposure recognized as a significant environmental risk factor. It is categorized into two primary subtypes based on the extent of cancer progression beyond the bladder’s muscle wall: non-muscle-invasive urothelial carcinoma (NMIUC) and muscle-invasive urothelial carcinoma (MIUC). While NMIUC is associated with a relatively favorable prognosis, progression to MIUC is more aggressive and leads to significantly worse outcomes, including poor treatment response and increased metastasis. Squamous differentiation (SD) in UC is an emerging hallmark of aggressive UC, with patients often having poor prognoses and developing chemoresistance, …

Evaluating Human Factors In Isolation And Confinement During Analog Spaceflight: A Decadal Survey Assessing Ilmah Crew Psychology, Travis Michael Nelson

Theses and Dissertations

This study examined 13 crews participating in analog Martian surface simulations to investigate psychological experiences within the first collegiate planetary surface habitat. The University of North Dakota (UND) Integrated Lunar-Martian Analog Habitat (ILMAH) was utilized with high-performing participant crews (n=42) who were recognized and recruited for their skills. Common environmental similarities that each crew faced included isolation, confinement, time-latent communications, demanding work hours, monotonous tasks, physically strenuous Extravehicular Activities (EVA), personal psychological adaptations, and interpersonal psychosocial challenges. The primary objective of this study was to evaluate self-appraised crew performance measures across continuous phases of isolation and confinement lasting up to …

Investigation Of Surfactant-Enhanced Oil Recovery In High Salinity And High Temperature (Hsht) Reservoir Conditions: A Case Study In The Bakken Formation, Tomiwa Isaac Oguntade

Theses and Dissertations

This study investigates improved strategies for enhancing oil recovery (EOR) in challenging reservoir conditions by combining chemical surfactant flooding and data-driven optimization techniques. Given rising global energy demand and the depletion of conventional oil reserves, chemical EOR methods, particularly surfactant flooding, are gaining popularity for their ability to mobilize residual oil via mechanisms such as reducing interfacial tension, altering wettability, and inhibiting asphaltene formation. The research begins by examining the effectiveness of surfactant applications across various reservoir conditions, emphasizing the need for surfactants capable of withstanding challenging environments characterized by high temperatures, high salinity, and low permeability. Laboratory experiments demonstrated …

Evaluating The Engineering Properties Of Waste-Modified Asphalt Binders And Mixtures As Inputs For The Mechanistic-Empirical Pavement Design, Duncan Rioba Oteki

Theses and Dissertations

Pavements are essential for economic development and mobility, with asphalt dominating the US road network due to its cost-effectiveness, ease of maintenance, and recyclability. However, the environmental impacts of asphalt production and the depletion of virgin materials have driven the integration of waste products into asphalt mixtures to improve sustainability. This study evaluated the engineering properties of waste-modified asphalt binders and mixtures as performance-based inputs for the Mechanistic-Empirical Pavement Design Guide (MEPDG). The rutting performance of ten asphalt mixtures commonly used in North Dakota was assessed using mechanistic and empirical tests. Mechanistic tests included the dynamic modulus (|E*|), Flow Number …

Teacher Skills Needed For Effective Participation In Multi-Tiered Systems Of Support (Mtss): A State Framework Analysis, Melissa Osborne

Theses and Dissertations

This study is a secondary data analysis that uses a validated rubric to score the degree of alignment between the teacher skills (TS) necessary for the effective implementation of Multi-Tiered Systems of Support (MTSS) and the preservice teacher training standards (PTS) across five states located in the North Central United States. This investigation also assessed whether states employing an MTSS process to establish special education eligibility for specific learning disabilities (SLD) exhibit higher alignment between TS and PTS compared to states that do not follow that process. Literature outlines the TS needed in an MTSS framework, but there is limited …

Nutrition Implications In Hypermobile Ehlers-Danlos Syndrome (Heds)/Hypermobility Spectrum Disorder (Hsd), Lauren Steiner

Theses and Dissertations

Hypermobile Ehlers-Danlos syndrome (hEDS) and hypermobility spectrum disorders (HSD) are a poorly recognized and under researched group of genetic connective tissue disorders that have widespread impacts on the human body, including gastrointestinal (GI) symptoms. The role of dietary and supplemental interventions in GI symptom control in this patient population has not been researched. This study used an exploratory survey to collect data on diets and supplements that the patient population has used to combat GI symptoms. The low histamine, gluten free, dairy free, anti-inflammatory, and intermittent fasting diets, as well as magnesium, probiotic, coenzyme Q10, vitamin C, vitamin B12, and …

Negotiating Gender: A Qualitative Analysis Of Trans-Parasocial Relationships With Gen Z Social Media Users, Hannah Grace Scheffer-Wentz

Theses and Dissertations

The growth of social media and its functions as an online, international forum has been a growing topic of interest for researchers and the public alike. With the rise of native influencing and the incorporation of “organic” advertising, Social Media Influencers have grown in not just following and publicity with affiliate marketing and brand partnerships, but they have grown in social interest, as well. With the rise in technology and the introduction of Gen Z, who are digital natives, this has challenged previous understanding of online relationships, specifically with the expansion of Parasocial Relationship Theory to the online application of …

The Relationship Between Social Determinants Of Health And Maternal Risk Factors With Severe Maternal Morbidity, Rebecca Smith

Theses and Dissertations

Severe maternal morbidity (SMM) remains a significant public health concern in the United States, with rates rising despite advancements in obstetric care. While extensive research has examined the role of clinical risk factors in SMM, less attention has been given to the influence of social determinants of health (SDOH). Factors such as financial insecurity, food access, housing stability, intimate partner violence, social connectedness, and transportation barriers may contribute to maternal health disparities. This study aims to assess the relationship between SDOH and SMM, evaluating how these non-clinical factors shape maternal health outcomes. Additionally, this research explores the impact of maternal …

Addressing The Impact Of Unlicensed And Under-Licensed Teachers In Pk-12 Schools: How School Administrators Offer Support, Taylor Topinka

Theses and Dissertations

As the impact of the teacher shortage grows, more teachers are entering classrooms with incomplete teacher licensure. Related literature affirms that new-to-profession teachers experience what Danielson (1999) described as a “sink or swim in the deep end of the pool” culture as they attempt to navigate the beginning of their teaching career with an incomplete license or no license entirely (p. 251). The influx of partially-licensed teachers engaging students is a dilemma created by the growth of the teacher shortage. The purpose of this study was to address the impact of unlicensed and under-licensed teachers on student growth and achievement …

Identifying The Common Patterns Or Trends That Emerge When Analyzing Past Accidents And Incidents Involving Autopilot Systems, Christopher David Tracy

Theses and Dissertations

This study investigated to what extent over-reliance on automation, particularly autopilot systems, contributed to incidents and accidents in commercial aviation. Despite advancements in automated technologies, there is a growing concern regarding the potential consequences of pilots’ dependency on these systems. This research analyzed past key incidents to identify patterns indicating that pilots may have been inadequately prepared to assume manual control during automation failures. This study employed a qualitative approach, including semi-structured interviews with aviation professionals such as airline flight instructors, line check pilots, flight standards evaluators, and an FAA aviation safety inspector, along with qualitative surveys with professional pilots. …

Forceful Functors: A Categorical Approach To Constraint Monitoring In Machine Learning Models, Jonathan Wirkkala

Theses and Dissertations

Often times in machine learning there are several heuristic choices that one makes during model selection, training, and validation. These choices include the type of training used, the width and depth of the model, type activation function and many more. These choices are general rules of thumb and best practices when creating a machine learning algorithm to achieve acceptable results. For example, in the case of image processing, this may mean determining whether or not a given image contains a tumor. Decisions made during the design process create several variations of machine learning algorithms, all with various properties with pros …

Investigating Teacher Leadership: A Phenomenological Study On Improving Teacher Efficacy Through Peer Coaching And Mentorship, Orlando Worges

Theses and Dissertations

This study investigates the roles of teacher leadership in enhancing teacher efficacy through mentorship and peer coaching. It examines the impact of these programs in educational settings, providing insights into their effects on efficacy. Using a phenomenological approach, in-depth interviews were conducted with mentors, administrators, and participating teachers, revealing perspectives on the strengths, weaknesses, and suggestions for improvement of the program. Thematic analysis of the data offered comprehensive insights into the experiences of participants. The findings highlight the important role of mentorship and peer coaching in enhancing teacher efficacy through five themes: Teacher Efficacy and Professional Growth, Transition and Adaptation, …

Seismic Design And Ductility Evaluation Of Concrete-Filled Thin-Walled Steel Tubular Columns Modeling As Bridge Piers, Njiru Mwaura

Theses and Dissertations

Accurate numerical modeling is essential for evaluating the seismic performance and load-bearing behavior of partially concrete-filled thin-walled steel tubular columns, particularly those used as bridge piers under complex seismic conditions. This study investigates the performance of such columns enhanced with embedded energy-dissipating shell plates and/or partial concrete infill, subjected to unidirectional and bidirectional seismic loading. A validated finite element model (FEM), developed in ABAQUS and incorporating geometric and material nonlinearities—including the modified Two-Surface Model (2SM)—was employed to simulate cyclic behavior and predict structural response.The model was benchmarked against experimental results and used to analyze a broad range of parameters, including …

Anticodon-Edited Trna Enables Translational Readthrough Of Col4a5 Premature Termination Codons, Kohei Omachi, Joseph J. Porter, John D. Lueck, Jeffrey H. Miner

2020-Current year OA Pubs

Alport syndrome is caused by variants in COL4A3, COL4A4, or COL4A5, which encode the α3α4α5 chains of type IV collagen. These variants result in defects in the glomerular basement membrane (GBM) and impaired kidney function. Nonsense variants result in truncated proteins lacking the NC1 domain, thereby preventing proper GBM assembly and function and causing the most severe forms of the disease. Restoring full-length protein expression represents a potential therapeutic strategy for Alport syndrome and related disorders. Anticodon-edited transfer RNAs (ACE-tRNAs), which promote premature termination codon (PTC) readthrough, have shown promise in diseases such as cystic fibrosis, but their application in …

Defining Knowledge Gaps In Preterm Birth Research: Can Biomarkers Fill The Gaps?, Scott M Williams, Kevin P Rosenblatt, Sandra Reznik, Dawn P Misra, Shajila Siricilla, Nardhy Gomez-Lopez, Brandie D Taylor, Kristina M Adams Waldorf, Ramkumar Menon, Prebic North America 2024

2020-Current year OA Pubs

Preterm birth (PTB) is a syndrome arising from multiple etiologies that manifest as a final common phenotype, delivery before full term. Current knowledge gaps in epidemiologic, basic science, and clinical fields have limited our understanding of this complex pregnancy syndrome. Lack of insight into the cellular and molecular pathways underlying spontaneous PTB (PTB) has thus limited effective clinical management and restricted the investigation of novel treatments or druggable targets. Here, we examine several areas of domain-driven research that may lead to a better understanding of PTB, including infection and inflammation that drive early labor, social factors and their biological consequences …

Evaluating And Supporting Leadership, Management, And Mentoring: A Framework For Catalyzing Responsible Research And Healthy Research Environments, Tristan Mcintosh, Alison L Antes

2020-Current year OA Pubs

Those who lead research teams have myriad roles and responsibilities that are pivotal to both producing rigorous and responsible scientific work and creating a supportive research environment that cultivates this work. We begin by presenting a leadership, management, and mentoring (LMM) framework focused on three critical roles researchers must play that have direct impact on the scientific work, the work environment, and research team dynamics: the role of research leader, research manager, and research mentor. Research leadership involves fostering a healthy research culture by building relationships where team members feel respected and supported. Research management involves providing oversight and direction …

Uncovering A Novel Binding Trench In Errα: Insights From Molecular Simulations, Lamees Hegazy

2020-Current year OA Pubs

Although estrogen-related receptor α (ERRα) holds significant therapeutic potential for treating various disorders, developing selective agonists remains challenging due to the poor pharmacokinetics and limited selectivity of current ligands. This study presents unconstrained molecular dynamics simulations of ERRα bound to an agonist ligand, uncovering dynamic ligand-binding behavior as the ligand shifts between two orientations: one in the orthosteric pocket and another in a newly identified trench adjacent to this site. The free energy landscape reveals that both binding orientations are comparably populated, with an accessible transition pathway between them. The identification of this novel binding trench expands our understanding of …

Data-Driven Approach To Dynamic Resting State Functional Connectivity In Post-Traumatic Stress Disorder: An Enigma-Pgc Ptsd Study, Carissa W. Tomas, Evan M. Gordon, Et Al

2020-Current year OA Pubs

No abstract provided.