Digital Commons Network^™

Standalone Municipal Liability, Avery Figo Comar

Michigan Law Review

Under Monell v. Department of Social Services, municipalities may not be held liable for constitutional violations attributable to an errant employee’s actions. Instead, Monell dictates that municipal liability is appropriate only when the municipality itself is “the moving force” behind the constitutional violation. The Fourth and Fifth Circuits, based on a flawed reading of the Supreme Court case City of Los Angeles v. Heller, adopt an inapposite approach to the relationship between municipal and individual liability. Although every other circuit allows municipal claims to proceed absent any individual claim arising from the same underlying facts, the Fourth and …

Front Matter

Michigan Law Review

Front Matter for Volume 123, Issue 6 of Michigan Law Review

Younger And Older Abstention, Fred O. Smith Jr.

Michigan Law Review

When victims of systemic rights violations in state criminal proceedings seek federal court relief, governmental defendants often ask federal courts to abstain for reasons of federalism. These arguments frequently disregard the Supreme Court’s emphasis that abstention is a narrow exception to federal courts’ duty to exercise jurisdiction. Lower federal courts are increasingly employing a form of “free-floating federalism,” diverging from the Supreme Court’s careful balance between comity and individual rights. This has led to lower courts’ significant expansion of criminal abstention doctrine, leaving severe irreparable harm unaddressed in an increasingly broad range of settings, such as pretrial detention and child …

Spending Clause Standing, Edward Webre Plaut

Michigan Law Review

The Biden Administration’s American Rescue Plan Act allotted almost $220 billion to state, local, and tribal governments to help combat the COVID-19 pandemic. This money, the Coronavirus State and Local Fiscal Recovery Fund, gave recipients wide spending discretion to address their struggling economies. But the legislation had one key limitation: Recipients could not use the money to “directly or indirectly” cut their taxes. If a recipient violated this “Offset Provision,” the Department of the Treasury might recoup the funds.

Nearly two-dozen states alleged that the Offset Provision was unduly coercive and ambiguous, violating the Spending Clause. However, with no threatened …

Recurrent Carotid Paragangliomas In A Syndromic Patient With A Heterozygous Missense Variant In Dna Methyltransferase 3 Alpha, Ryan J German, Blake Vuocolo, Liesbeth Vossaert, Lisa Saba, Robin Fletcher, Matthew L Tedder, Bekim Sadikovic, Jennifer Kerkhof, Michael Wangler, Carlos A Bacino

Duncan NRI Faculty and Staff Publications

We report a 40-year-old African American female with a novel variant in exon 8 of DNA methyltransferase 3 alpha (DNMT3A), (NM_022552.4: c.905G>C, p.G302A) who presented with a history of recurrent carotid paragangliomas, mediastinal mass, intellectual disability, dysarthria, cholelithiasis, diabetes mellitus, hypertension, and dysmorphic features. We interpret this novel variant as likely pathogenic and causative for the patient's syndromic features of Heyn-Sproul-Jackson syndrome. Heyn-Sproul-Jackson syndrome is a condition caused by gain-of-function genetic changes in DNMT3A. Paragangliomas have also been observed in non-syndromic patients with genetic alterations in DNMT3A. We describe a patient with clinical features of Heyn-Sproul-Jackson syndrome such as …

Systematic Reexamination Of Early Verb Dominance: Verbal And Nonverbal Characteristics Of Caregiver Input And Their Contribution To Long-Term Language Outcomes, Minju Kim, Jeonghee Mun, Gayoung Kim, Solyeon Jeon, Youngon Choi

Psychology Faculty Articles and Research

Early language input to infants varies in lexical composition across languages and contexts. For instance, American-English input emphasizes nouns more than verbs, while Mandarin Chinese and Korean inputs provide more verbs than nouns, the difference of which is considered an influential factor in the child’s early vocabulary acquisition. Furthermore, a possibility was raised that nonverbal input accompanying child-directed language provides additional support for verb meanings in verb-dominant caregiver input. However, these early verb dominance and support patterns have been derived from a handful of studies that examined very small samples. Thus, we aimed to systematically reexamine the verb dominance pattern …

Confidentiality In Addiction Treatment: Navigating 42 Cfr Part 2 Within Human Services, Chaniece Winfield, Jessica Huffman

Counseling & Human Services Faculty Publications

Recent federal legislation, including the Mental Health Parity and Addiction Equity Act (MHPAE) and the Comprehensive Addiction and Recovery Act (CARA), has placed greater emphasis on quality integrated health care, with a focus on access, treatment options, and evidence-based practices. Changes to Federal 42 CFR privacy protections also impact individuals seeking substance use disorder treatment, either as a primary diagnosis or comorbidity. Human service professionals, as generalists in the behavioral health field, provide vital treatment, recovery, and prevention services for individuals with substance use and addictive disorders. This paper explores the implications of these legislative changes, particularly regarding privacy protections …

Application Of Multi-Angle Spaceborne Observations In Characterizing The Long-Term Particulate Organic Carbon Pollution In China, Yun Hang, Qiang Pu, Qiao Zhu, Xia Meng, Zhihao Jin, Fengchao Liang, Hezhong Tian, Tiantian Li, Tijian Wang, Junji Cao, Qingyan Fu, Sagnik Dey, Shenshen Li, Kan Huang, Haidong Kan, Xiaoming Shi, Yang Liu

Faculty, Staff and Student Publications

Ambient PM2.5 pollution poses a major risk to public health in China, contributing to significant mortality and morbidity. While overall PM2.5 concentrations have declined in recent years, the changes in PM2.5 chemical constituents remain inadequately understood due to limited ground monitoring networks. We developed a Super Learner model that integrates MISR satellite data, chemistry transport model simulations, and land use information to predict daily OC concentrations across China from 2003 to 2019 at a 10-km spatial resolution. The model achieved high predictive accuracy with a cross-validation R2 of 0.84 and an RMSE of 4.9 μg/m3. Our findings show elevated OC …

Family Law Wordpress Blog (Vol 2. 2011-2016), Julie Shapiro, Ronald C. Slye, Annette E. Clark

Professor Julie Shapiro Legacy Project

No abstract provided.

Challenges And Future Strategies For B-Schools, Anatoly Zhuplev, Francisco J. Valle, Jose Rincón, Max Plithides

Management Faculty Works

This chapter examines the evolution of American higher education (HE) and business schools (B-schools) in the historical and contemporary strategic context. It explores the influence of the Humboldtian model on the contemporary HE industry in America. The chapter analyzes the current HE landscape, revenue sources, and global reach. The chapter investigates strategic disruptors like demographic shifts, skyrocketing costs of college and student loan burden, technological impacts, including proliferation of IT and AI, eroding public confidence in HE, and political and regulatory trends. The chapter explores solutions like accreditation reform and diversified credentials. It examines pressures on B-schools, including slow technology …

From Pickaninny To Superpredator To The Prison Pipeline: The Criminal Legal System’S Immunization To Black Children’S Pain, Brenita Softley

Seattle Journal for Social Justice

No abstract provided.

Sanctioned Cruelty: The Legal Endorsement Of Violence Against Slaves In Southern Courts, Evan Matthew Gelobter

Seattle Journal for Social Justice

No abstract provided.

Disability And Discrimination In Washington Jails: The Federal Judicial Loophole In Washington State Protections, Kyle Barnes

Seattle Journal for Social Justice

No abstract provided.

Examination Of The International Judicial Practice And Prospect In Relation To The Palestine–Israel Conflict: Following The Al-Aqsa Flood Operation, Sharefah A. Almahuna

Seattle Journal for Social Justice

This paper concerns the conflict in Gaza that started on the Seventh of October, 2023, and is ongoing. It intends to explain the judicial institutions that prevent and punish atrocity crimes, particularly the International Court of Justice (ICJ) and the International Criminal Court (ICC). Additionally, this paper provides an objective analysis of some controversial issues brought about by the conflict. It addresses issues of controversy by answering the following questions: first, why are both the ICJ and ICC involved in the current conflict in Gaza?; second, why does Israel argue that judicial proceedings should treat acts committed in Gaza as …

About The Authors, Sjsj

Seattle Journal for Social Justice

No abstract provided.

Works Of Audience, Works Of Authorship, And The Human’S Way Of Knowing, Michael Mactaggert

Seattle Journal for Social Justice

No abstract provided.

Art Law & The Law Of The Horse, Brian L. Frye

Seattle Journal for Social Justice

No abstract provided.

Is The Promise Of Zora Neale Hurston’S Florida Lost?, Elizabeth Troutman

Seattle Journal for Social Justice

No abstract provided.

Sex, Desire, And Violence: Rape Is About Power, Narcissus

Seattle Journal for Social Justice

No abstract provided.

Victims As The Heart Of The Matter: The South African Amnesty As Promised In Practice, Ronald C. Slye

Seattle Journal for Social Justice

No abstract provided.

The Legal Intersectionality Of English Language Learners And Special Education Students: Ensuring Students Receive Mandated Services, Brett A. Geier

Seattle Journal for Social Justice

Students in the United States are afforded many rights and protections to ensure they receive an appropriate education. Supplemental programs that support academic achievement and social growth are common to eviscerate obstacles and equalize educational opportunities. Students who are disabled and students who qualify as English Language Learners are two categories that are entitled to receive state and federal financial and programmatic support. Despite being discrete programs, they have the potential to intersect so that students can qualify for both programs. For many reasons, though, these potentially dually qualifying students are often misidentified, leaving them underserved. There is a plethora …

Worker Protection Or Commercial Facilitation: The British Empire, Labor Governance And The Gradual Invisibilization Of Labor Coercion During The Age Of High Imperialism, Christopher Roberts, Michelle Ong

Seattle Journal for Social Justice

This article considers labor governance and coercive labor practices in the British Empire between the late nineteenth and early twentieth centuries. In particular, it focuses its attention on several major commissions of inquiry undertaken around the British Empire in the period, as well as reforms that took place alongside those inquiries. In part, the article concludes these reforms were motivated by protective purposes, demonstrating some degree of genuine concern with workers’ well-being. More significantly, however, it finds these reforms were motivated by British imperial desire to ensure stable labor supplies, enhance the legitimacy of the British Empire, and establish more …

Large-Vessel Occlusion Stroke Knowledge And Training For Stroke Severity Assessment Among Emergency Medical Services Personnel In The United States, Kaiz S Asif, Robin Novakovic, Thanh N Nguyen, Santiago Ortega-Gutierrez, Youngran Kim, Amanda Jagolino-Cole, Sushanth Aroor, Alicia Castonguay, Prateek Kumar, Ashutosh P Jhadav, Dileep Yavagal, May Nour, Gabor Toth, Maxim Mokin, Sunil A Sheth, Mouhammad A Jumaa, Alhamza Al-Bayati, Mohamed Teleb, Ossama Y Mansour, Shashvat M Desai, Joshua Hartman, David S Liebeskind, Ameer E Hassan, Brijesh P Mehta, Svin Education And Speed Committees

Faculty, Staff and Student Publications

Background: Prehospital identification of large-vessel occlusion (LVO) stroke facilitates the development of a regional triage protocol that could lead to an improvement in intrahospital and interhospital workflows. This requires stroke education of emergency medical services (EMS) personnel to improve stroke recognition, severity assessment, and prenotification. However, the current state of EMS personnel's knowledge of LVO stroke, their training for stroke severity assessment, and their preferences for educational methods are unknown. We conducted a nationwide EMS survey across the United States to glean insights that can inform and customize future EMS educational efforts.

Methods: The Society of Vascular and Interventional Neurology, …

Mesoscale Modeling For Predicting Effective Properties And Damage Behavior Of Geopolymer Concrete, Feiyu Shi, Shanshan Cheng, Longyuan Li

School of Engineering, Computing and Mathematics

Geopolymer concrete is a sustainable construction material and is considered as a promising alternative to traditional Portland cement concrete. However, there is still not much research on the effective properties and damage behavior of geopolymer concrete with consideration of its heterogeneous characteristics by means of mesoscale models combined with the regularized microplane damage model. Here, in this research, an easy and simpler approach for generating concrete mesoscale models and characterizing the angular characteristics of aggregate particles is presented. After the proposed mesoscale modeling was validated by numerical, experimental and theoretical models, it was employed further to predict the effective properties …

State Space Model Of Airflow In The Human Vocal Apparatus, Ian Howard

School of Engineering, Computing and Mathematics

To simulate both airflow and air pressure required for speech production, we developed a nonlinear state-space model of airflow in the human speech apparatus. We modeled the lungs as a mechanical, force-driven piston pump venting into a simplified larynx model, represented as a valve with time-varying resistance to airflow. The pump incorporates the effects of elasticity, viscosity, friction, and inertia, as well as differential air pressure. To maintain a constant target airflow through the larynx, a proportional-derivative (PD) controller applies force and regulates the piston. The model was implemented in MATLAB. Simulation results demonstrate that the model can maintain a …

Understanding The Factors That Influence University Environment: Gender Differences In Perceptions Of Female And Male Stem Graduate Students., Rachel Robinson

Graduate Student Theses, Dissertations, & Professional Papers

Despite increasing female representation in higher education, women remain underrepresented in STEM (science, technology, engineering, and mathematics) fields. This thesis investigates gendered perceptions of university environment among STEM graduate students, focusing on the role of faculty-student interaction as a form of social capital. The survey was developed and administered with Qualtrics Online Survey Software by members of the Social Science Research Group of the Pacific Northwest Circles of Success: Mentoring Opportunities in STEM. All graduate students in the participating universities pursuing master’s and doctoral degrees in a National Science Foundation STEM recognized program were eligible to complete the survey. Using …

Fungal Symbionts As Hidden Architects Of Forest Health: From Tree Immunity To Beetle Nutrition, Lorinda Sabin Bullington

Graduate Student Theses, Dissertations, & Professional Papers

Symbioses of fungi with trees and insects play outsized roles in forest ecosystems, influencing tree growth, defense, physiology, and nutrient cycling. While their functional contributions are widely recognized, they remain poorly understood. I integrate findings from three studies examining fungal interactions with conifers and with bark beetles to highlight their significance in tree resistance to disease, nutrient redistribution within the tree, and forest ecology.

First, I demonstrate that foliar fungal endophytes and ectomycorrhizal fungi, together and independently, can enhance resistance in Pinus monticola seedlings against Cronartium ribicola, the pathogen responsible for white pine blister rust. Symbiont inoculation induced host terpene …

Jurisprudence Of Problem-Solving Courts: A Study Of Structure, Success, And Sociological Theory, Lauren M. Boos

Graduate Student Theses, Dissertations, & Professional Papers

In response to the failures of mass incarceration and its disproportionate impact on marginalized communities, Problem-Solving Courts (PSCs) have emerged as alternatives to traditional prosecution. These courts employ therapeutic-informed and rehabilitative practices aimed at addressing the root causes of criminal behavior. While widely regarded as more effective than traditional courts, PSCs have developed largely without a formal theoretical foundation. This is notable given their alignment with Sociological Jurisprudence (SJ) and Therapeutic Jurisprudence (TJ), which view the legal system as a vehicle for promoting individual and community well-being.

Despite being celebrated as therapeutic innovations, PSCs often embody these principles unevenly. Using …

Reinventing The Concepts Of Group And Isomorphism In Abstract Algebra, Chrisitan José Lopez-Mercado

Graduate Student Theses, Dissertations, & Professional Papers

This study explores the reinvention of the concepts of group and isomorphism in abstract algebra through design-based research. It investigates how students can reinvent these concepts and how mathematical artifacts transform their mathematical reasoning during the reinvention process. The study identifies a reinvention ecology comprising three interrelated components: students' mathematical activity, social interaction, and the continual emergence of mathematical artifacts. Using the guided reinvention principle of realistic mathematics education, students engaged with contextual situations, such as a 12-hour analog clock and the symmetries of an equilateral triangle, to progressively develop structural observations, formalize group axioms, and assemble them into the …

"A Changed Understanding Of Our Present": Moby-Dick As Prophetic Ecological Activism, Katie Ann Schini

Graduate Student Theses, Dissertations, & Professional Papers

Moby-Dick: Or, The Whale is a classic of American literature, spanning multiple genres and remaining culturally relevant nearly 175 years after its original publication. Though on the surface Moby-Dick reads as an adventure story of a man who experiences the whaling industry firsthand, Herman Melville’s text continues to invite new generations of readership through the framework of the twenty-first century climate crisis.

In this thesis, I position Moby-Dick as a text that can be used to understand our modern society’s current dispositions of ecological grief. My thesis operates at the intersection of three main literary critical theories: ecocriticism, affect, and …