Digital Commons Network^™

Compensation Under The Microscope: Connecticut, Jeffrey Gutman

GW Law Faculty Publications & Other Works

With the exception of the District of Columbia, Connecticut has paid exonerees the highest annual amount of compensation for wrongful convictions in the country, almost four times the national average. Perhaps in part because of this, Connecticut is one of a few states that has attempted to limit the scope and generosity of its statute. It, however, later backpedaled on some of those limits.

Then, in a burst of activity in early January 2025, the Connecticut Claims Commissioner cleared a backlog of pending cases, awarding more than $36 million in compensation. The Connecticut statute has thus had three lives, having …

Police Officer Use Of Force And Officer-Created Jeopardy After Barnes V. Felix: The Supreme Court’S Important (Albeit Incomplete) Step In The Right Direction, Cynthia Lee

GW Law Faculty Publications & Other Works

On May 15, 2025, the Supreme Court issued a unanimous decision in Barnes v. Felix, rejecting the Fifth Circuit’s “moment of threat” doctrine, which limited courts assessing the reasonableness of a law enforcement officer’s use of force to considering only those facts and circumstances known to the officer at the moment of the threat. Under the Fifth Circuit’s narrow time-framing approach, any pre-seizure conduct of the officer, i.e., acts occurring before the officer seized the individual, that may have contributed to the dangerous situation could not be considered as part of the reasonableness inquiry.

Pre-seizure officer conduct that contributes to …

Policy Brief: The Federal Banking Agencies Should Withdraw Their Deeply Misguided Proposal To Weaken Leverage Capital Requirements For The Largest U.S. Banks, Arthur E. Wilmarth Jr.

GW Law Faculty Publications & Other Works

On July 10, 2025, federal banking agencies issued a proposed regulation that would dangerously weaken capital requirements for the largest U.S. banking organizations. The proposed rule would significantly reduce the enhanced supplementary leverage ratio (eSLR) requirements for U.S. global systemically important banking organizations (G-SIBs). If adopted, the proposed rule would allow U.S. G-SIBs to become woefully undercapitalized, as their predecessors were at the outbreak of the global financial crisis of 2007-09. The proposed rule would make U.S. G-SIBs highly likely to fail during future systemic financial crises, with catastrophic consequences for our financial system, economy, and society.

As explained in …

Mahmoud V. Taylor: Cause Or Effect Of Disruptions In The Public Schools?, Richard Katskee, Ira C. Lupu

GW Law Faculty Publications & Other Works

Mahmoud v. Taylor represents an extraordinary departure from long-standing constitutional norms about the rights of parents of children in public schools. In Mahmoud, the Supreme Court upheld a Free Exercise Clause claim by parents in Montgomery County, Maryland, who sought to have their children (grades K–5) excused from readings that contain LGBTQ characters and themes. The majority opinion by Justice Alito rests on a highly controversial reading of Wisconsin v. Yoder.

Part I of the paper provides the doctrinal and historical backdrop to Mahmoud, which reflects the acute tension between a once-narrow understanding of Yoder and the post-Obergefell backlash against …

The Re-Examination Clause Of The Seventh Amendment, Renée Lettow Lerner

GW Law Faculty Publications & Other Works

This essay discusses the origins, history, and current interpretation of the Re-examination Clause of the Seventh Amendment to the U.S. Constitution. As Justice Joseph Story declared, the Re-examination Clause is separate from the right to civil jury trial in the Amendment’s Preservation Clause. The Re-examination Clause states that no fact tried by a jury shall be “re-examined” in federal court except by the rules of “the common law.” This provision had no counterpart in the state constitutions. The essay explains the methods of review of jury verdicts in English common-law courts in the late eighteenth century, focusing on the remedy …

When The Math Matters: Finding The “Glue” In Class Action Commonality Determinations, Robin L. Juni

GW Law Faculty Publications & Other Works

This Article is another offering in the “When the Math Matters” series, seeking to help readers understand use of mathematical and scientific concepts in legal contexts and unpack how to do things better. This Article focuses on the seminal case of Wal- Mart Stores, Inc. v. Dukes, 564 U.S. 338 (2011), describing how the analytical approach to identify whether a class could be certified for purposes of that litigation continues to resonate through recent cases in the federal courts. The Article explains the statistical analysis that lawyers must present to unpack a correlative analysis in similar cases, focusing on adverse …

Combating The Colorblind Courtroom: Using Race-Switching To Make Racial Bias Salient, Cynthia Lee

GW Law Faculty Publications & Other Works

In criminal courtrooms across the country, well-meaning judges insist on running colorblind courtrooms — courtrooms in which the attorneys are not allowed to call attention to race. Many judges, including many U.S. Supreme Court justices, believe it is best to ignore racial difference and that noticing race will encourage racial discrimination. The problem is that colorblind courtrooms are likely to exacerbate, not ameliorate, implicit racial bias. Decades of social science research have demonstrated that making race salient helps decision makers treat similarly situated individuals of different races the same and that not calling attention to race results in decisionmakers treating …

Prohibiting Threats Of Aggression, Edward T. Swaine

GW Law Faculty Publications & Other Works

Recent events, particularly Russia’s invasion of Ukraine, have revived worries about the international regime regulating the use of force. Vastly less attention has been paid to what often precedes such attacks—threats to use force—and the prohibition on them. While the UN Charter and other legal instruments integrate the threats regime with the regime on actual uses of force, the two regimes are increasingly decoupled, in part because only one considers gradations: the use-of-force regime now identifies more serious variants like aggression and crimes of aggression; threats rules, by contrast, do not. This decoupling reflects real differences in the underlying wrongs, …

The Survival Of The Jury, Renée Lettow Lerner

GW Law Faculty Publications & Other Works

This Foreword overviews the rich fund of ideas for reform of the jury that were discussed at The George Washington Law Review’s fall 2024 Symposium. The Symposium was inspired by my book The Jury: A Very Short Introduction (Oxford University Press 2023). In many countries, rates of jury trial have been declining. The decline is steepest in the United States, which ironically has one of the most robust formal rights to jury trial in the world. This Symposium brought together distinguished judges, lawyers, and academics and exposed audience members and panelists alike to new ideas and methods of reform concerning …

Whose Burden Is It Anyway? A Comprehensive Proposal To Reshape Food Safety Review By Treating Food As Medicine, Katya S. Cronin

GW Law Faculty Publications & Other Works

With more than sixty percent of U.S. adults struggling with at least one diet-related health condition, the relationship between nutrition and public health has never been clearer. Indeed, for the first time in over a century, food has a prominent place on the national political stage and is one of the exceedingly few issues that has garnered bipartisan support. The recent rise in popularity of "Food Is Medicine" initiatives, which seek to provide medically tailored or healthy meals to vulnerable populations, underscores the critical importance of food to public health. Yet, while "Food Is Medicine" is shifting the insurance, business, …

State V. Garcia, 316 A.3d 1223 (R.I. 2024), Isabelle Ryan

Roger Williams University Law Review

No abstract provided.

Reading The Tea Leaves: Unrealized Income, Separation Of Powers, And An Examination Of Whether There Is More To The Moore Case Than The Mandatory Repatriation Tax, Natasha Varyani

Roger Williams University Law Review

No abstract provided.

Neves V. State Of Rhode Island, 316 A.3d 1197 (R.I. 2024), Evan Degaitas

Roger Williams University Law Review

No abstract provided.

Tribal Recognition And Rhode Island: Towards A Recognition Process For The Ocean State, Declan Smith

Roger Williams University Law Review

No abstract provided.

Last Resort: Advocating For Rhode Island To Adopt A More Comprehensive Homeless Bill Of Rights In The Wake Of Grants Pass V. Johnson, Casey Rivera

Roger Williams University Law Review

No abstract provided.

Generational Perspective Of Financial Literacy And Consumer Over-Indebtedness. Survey Evidence From Poland, Beata Świecka

Journal of Banking and Financial Economics

Background and purpose of the article: The main aim of the article is to present financial literacy (FL) and consumer over-indebtedness (OI) according to the primary survey in Poland. The auxiliary aim is to analyse the importance of financial literacy in reducing consumer over-indebtedness from a generational perspective. Over-indebtedness is a significant problem in personal finance because it leads to a situation in which household members cannot settle their financial obligations on time, negatively affecting their economic stability and prospects for long-term financial security (D’Alessio, Iezzi, 2013). It is becoming increasingly common in the country and around the world. It …

The Right Of Big Tech Companies To Issue Money In The Opinion Of Consumers From France And Germany, Robert Huterski

Journal of Banking and Financial Economics

With a vast customer base and the acquisition of information about their customers and their preferences in connection with their services, Big Tech companies are also becoming essential players in the financial sphere. Payment solutions offered by Big Tech companies, such as Google Pay or Alipay, familiarise consumers with the presence of such companies in the monetary sphere. The issuance of private money has the most excellent chance in a form regulated by public authorities and with a value stabilized to the national currency, regardless of whether it would be similar to narrow banking, synthetic CBDC or another, related form. …

Personal Characteristics And Retirement Intentions (Empirical Evidence From Poland), Patrycja Kowalczyk-Rólczyńska, Madgalena Swacha-Lech, Łukasz Jurek

Journal of Banking and Financial Economics

Retirement intentions depend on a number of different factors. The aim of this paper is to assess the impact of personal characteristics on the willingness to retire as soon as possible among older workers in Poland. The data were collected through a CAWI survey conducted in 2021 among a representative sample of workers aged 50 and over. Statistical analysis was based on logit model. Identified predictors are: age, education, fear about the financial situation in retirement, the use of free time after retirement, and lack time to pursue passions due to work. Those results provide suggestions for strengthening active ageing …

Digital-Only Banks – Retail Banks For Retail Customers Only?, Katarzyna Schmidt-Jessa, Maciej Stradomski

Journal of Banking and Financial Economics

This paper explores how traditional banks perceive digital-only banks and the potential impact of digital-only banks on the retail segment of the banking sector. To obtain the main goal, we conducted in-depth semi-structured interviews with managers and directors representing different traditional banks with profound insight into the bank digitalisation process. The results indicate that, for traditional banks, the development of digital-only banks does not pose a threat or challenge that can significantly undermine their business. A high level of user experience, innovativeness, and lack of obsolete processes and technologies are the main advantages of digital-only banks that attract retail customers. …

Storytelling As A Method Of Increasing The Engagement Of Market Research Participants, Michał Ścibor-Rylski

Journal of Marketing and Consumer Behaviour in Emerging Markets

The presented study is a partial replication of the effect discovered in the author’s previous studies on the influence of storytelling techniques on quantitative market research participant engagement. The study was conducted using the CAWI method on a nationwide sample of N=517. In the experimental group, all questions were asked in a narrative form and were part of a coherent story. The traditional approach was used with the control group. An additional independent variable was the moment of giving instructions containing storytelling elements: before or after the presentation of the advertisement The results replicate the main effect showing that using …

Making Monsters: The Intersection Of Black And Queer Characters In Vampire Fiction, Jalissa Jones

Theses and Dissertations

For centuries we have looked at the vampire as a monster, one that skirts the line into acceptability not only because of the vampire's motivations, but more importantly because our depictions of vampires make them desirable to us. This thesis explores the vampire archive, and the question of how the monstrosity of the vampire interacts with race, sexuality, and gender to further uphold notions of white supremacy. This thesis will look at the classic vampire canon set forth by Bram Stoker’s Dracula and Carmilla by Sheridan Le Fanu and two contemporary black vampire narratives: The Gilda Stories by Jewelle Gomez …

Lower Extremity Individual Muscle Forces In Females During Loaded Hex-Bar Squat Jumps, Jadon Konkel

Theses and Dissertations

The purpose of this study was to describe the individual muscle forces and contributions to extensor force occurring during the propulsive phase of unloaded jumps in females and explore how these are influenced by increasing loads using the hex bar modality. Ten, college-aged females (height: 1.66 ± 0.09 m; weight: 68.63 ± 9.66 kg) with weightlifting experience performed hexagonal bar squat jumps at bodyweight (BW), BW+20% and BW+40% of 1RM. Traditional motion capture techniques were employed to collect dominate lower limb kinematics and kinetics. Individual muscle forces were estimated utilizing Static Optimization in OpenSim using a Gait2392 musculoskeletal model. Muscle …

Factors Of Willingness To Pay For Equine Veterinary Services, Olivia Gibson, Shuoli Zhao, C. Jill Stowe

Animal and Food Sciences Faculty Publications

This study estimates correlates of willingness-to-pay (WTP) for routine, elective, and urgent equine veterinary services in the United States. Through a nationwide online survey of US horse owners aged 18 and older, a payment card approach was utilized to elicit WTP for annual vaccinations, a lameness exam, and emergency colic surgery. Based on the results from an interval regression model, we found that financial capacity, income level, and the number of horses owned were significant predictors of WTP across all three service types. These findings have implications for equine veterinary practice management and client communication regarding treatment costs.

Educator Perspectives Of High School Long-Term English Learners, Martin Gutierrez Jr.

Dissertations

This qualitative study was twofold. The study began by exploring how educators perceive students who are Long Term English Learners (LTELs) and then moved to an autoethnographic examination of the researcher’s own secondary school experiences as an LTEL. The research reviewed teacher and administrator perceptions by focusing on three high school teachers who taught Long Term English Learners during the study period to understand the reclassification process. The researcher interviewed a district-level administrator to understand institutional policies and procedures that determine LTEL student identification and reclassification processes. The researcher presented their autoethnographic narrative to explore how holistic measures support multilingual …

Resilience After Prenatal Substance Exposure: Exploring The Role Of Cumulative And Specific Protective Factors In Predicting Toddlerhood Temperament Profiles, Anjeli Elkins

Theses and Dissertations--Psychology

Objective

Prenatal exposure to common substances, including nicotine, marijuana, cocaine, methamphetamine, opiates, and alcohol, has been linked to a wide range of psychiatric disorders and neurodevelopmental impairments. Identifying protective factors that may improve temperament profiles in toddlers who have experienced prenatal substance exposure may protect against these adverse outcomes and is crucial for developing targeted early interventions.

Methods

Participants (n=92; Mage = 28.7 years; 47.0% White) were biological mothers of toddlers (Mage = 22.6 months) with prenatal substance exposure. Mothers responded to an online survey that gathered information on substance use during pregnancy, proposed perinatal protective factors, and child temperament. …

Associations Between Queer Parent Family Socialization And Adolescent Outcomes Among Diverse Lgbtq+ Parent Families In The U.S., Nita U. Kulkarni

Theses and Dissertations--Psychology

Queer parent family socialization refers to the way LGBTQ+ parents talk with their children about what it means to be queer in society, how to handle discrimination, and ways to have pride in their family’s identity. This construct has been linked with positive well-being outcomes in children, and this study used a strengths-based, mixed- methods framework informed by Minority Stress Theory and intersectionality to examine how queer parent family socialization related to several adolescent well-being outcomes, namely internalizing behaviors, social competence, and adaptive coping. Participants recruited across two projects were 191 queer parents with an adolescent and 114 adolescents with …

Weighted Family History Density Of Substance Use: Influence On Participant Substance Use Onset, Escalation, And Duration, Carleigh A. Litteral

Theses and Dissertations--Psychology

Substance use disorders impose a staggering toll on the United States (U.S.), straining healthcare systems, destabilizing communities, and profoundly impacting both individuals and families. Approximately one in six Americans aged 12 and older had a past-year substance use disorder in 2022 (Key Substance Use, 2022), and nearly one-third of adults experience a substance use disorder in their lifetime (Wu, 2010), contributing to an economic burden exceeding $400 billion annually (National Drug Threat Assessment, 2011). Family history of substance use disorders is a key predictor of vulnerability, with individuals who have affected relatives being 2–8 times more …

Relationship Between Anticipated Stress And Individuals’ Health-Related Behaviors, Julie Parsons

Theses and Dissertations--Psychology

Prior work in assessing the relationship between stress and health behaviors has identified the complex and multi-directional nature of these relationships. However, minimal work has assessed the possible relationships between stress anticipation and health behaviors such as diet, physical activity, and sleep outcomes in individuals. This work seeks to address this gap by conducting a daily diary study assessing within-person associations between stress anticipation and health behaviors over the course of a week. We hypothesized that daily stress anticipation would be negatively associated with dietary scores, physical activity engagement reports, sleep quality, and sleep duration while being positively correlated with …

Executory Contract Provisions That Provide Solely For An Equitable Remedy Are Enforceable Post-Rejection., Ashley Romeo

Bankruptcy Research Library

(Excerpt)

Under Section 365(a) of title 11 of the United States Code (the "Bankruptcy Code"), "a trustee [or debtor in possession], subject to the court’s approval, may assume, or reject an executory contract." Generally, a contract is executory if "performance remains due to some extent on both sides." In general, a debtor may decide whether its executory contract is a good deal going forward. The debtor will likely want to reject a contract that is no longer a good deal in order to repudiate any further performance of its duties. When reviewing the trustee or debtor-in-possession’s decision to assume or …

Digital Twins For Flexible Manufacturing, Drew Brandon Sander

Theses and Dissertations

With the establishment of Digital Twins as an enabling technology for Industry 4.0, it is time to transition from the previous foundations to works that implement and highlight the capabilities Digital Twins present. The Industry 4.0 paradigm has recentered the focus on customizability, leading to reemerging goals of flexibility within manufacturing. Empowered through new cyber-physical systems, new enabling technologies are driving the revolution. To identify how Digital Twins as an enabling technology contribute to flexibility within manufacturing, a comprehensive investigation is conducted along with a detailed case study. A systematic literature review is conducted to analyze quality Digital Twin implementations …