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Charitable Giving And Civil Rights: A Defense Of Private Remedial Action, Roger Colinvaux

Scholarly Articles

Private charitable organizations have long enjoyed the freedom to determine their mission and render appropriate charitable assistance, including by taking race, ethnicity, gender, and other traits into account when responding to the harmful effects of past discrimination, a practice this Feature terms “private remedial action.” The legality of this kind of trait-conscious assistance is strongly supported by the early American history of trait-based associations, federal tax law, and core values of free association. However, new legal and political attacks on affirmative action of all types have put charities on the defensive, leading many groups to change their programs and behavior …

Constitutional Theory At A Catholic University, J. Joel Alicea

Scholarly Articles

No abstract provided.

Foundations Of The Right Of Charitable Uses, Adam J. Macleod, Mark David Hall

Scholarly Articles

In recent years, municipalities around the United States have enacted ordinances that prohibit or restrict food-sharing in public places. These ordinances make it difficult for charitable souls to share food with those most in need. In one case, a town in Arizona arrested a woman under an ordinance that prohibits sharing food in public for charitable purposes.
The closest analogs to these laws are the English anti-almsgiving acts of the fourteenth and sixteenth centuries. One must look that far back in history because infringements of the right of charitable uses of property are exceedingly rare. Indeed, throughout the history of …

A Workable Common Law Baseline For Regulatory Takings, Adam J. Macleod

Scholarly Articles

Rights to use property are property rights. The Takings Clause of the Fifth Amendment requires governments to provide just compensation when they take property. In our constitutional republic, legislatures are competent to change the law, and legal changes sometimes alter private rights, including use rights. The Takings Clause does not forbid such legal changes. It only requires compensation for property rights taken as a result. To give use rights the constitutional protection that the Takings Clause requires, courts need a baseline of rightful property use to show when a change in the law that adversely affects use rights amounts to …

What Role Do Finance Ministers Play In Political Business Cycles? Evidence-Based On A New African Dataset, Christine Olivia Strong

Economics Faculty Publications

This study investigates how the personal characteristics of finance ministers influence political budget cycles in Africa. Using a new dataset covering 300 finance ministers across 23 countries from 1980 to 2020, we find that political budget cycles primarily take the form of increased government consumption during election years. Ministers with prior central banking experience are less likely to amplify spending in election years, effectively curbing political budget cycles. These results remain consistent after accounting for institutional quality, ministerial tenure, and other confounding factors. The findings contribute to the literature by showing that the appointment of finance ministers in African countries …

Second Thoughts? Czerny, Beethoven, And The Ninth Symphony’S Choral Finale, Mark Evan Bonds

The Beethoven Journal

Sometime after the premiere of the Ninth Symphony, according to Carl Czerny, Beethoven told a small circle of friends that he had made a “wrong choice” in writing a choral finale, that he was resolved to write a purely instrumental finale in its place, and that he already had an idea in his head for the new finale. Czerny never committed this report to writing, but he did transmit it orally to three others who did: Leopold von Sonnleithner, Otto Jahn, and Gustav Nottebohm. Anton Schindler would later deny the report, but the available evidence strongly supports the veracity of …

Rejection Of An Executory Contract Does Not Invalidate Rights Exercised Or Performance Rendered Prior To Rejection, Samantha B. Caraballo

Bankruptcy Research Library

(Excerpt)

Under section 365 of Title 11 of the United States Code (the "Bankruptcy Code"), a trustee or a debtor in possession may "reject" an executory contract. Rejection results in a breach of contract. Courts consider non-bankruptcy contract law to determine the impact of the breach on the executory contract. In general, rejection does not undo a party’s past performance or exercise of rights under the contract. Instead, it relieves a debtor from its future obligation to perform.

Part I of this Article explains the different approaches to defining "executory contract." Part II of this Article elaborates on a trustee …

Non-Consensual Third-Party Releases From Mass-Tort Liabilities Cannot Be Part Of A Chapter 11 Plan, Seth Woodhall

Bankruptcy Research Library

(Excerpt)

Chapter 11 bankruptcy is a process that has allowed many corporations to "work with its creditors to develop a reorganization plan governing the distribution of the estate’s assets[.]" Under 11 U.S.C. §1141(a) once the bankruptcy court confirms the plan, that plan becomes legally binding on the debtor and all creditors—including those who may have not agree to it. "Some plan terms are mandatory, §1123(a); others are optional, §1123(b). [Terms permitting a third-party release] is a provision a debtor may include and a court may approve in a reorganization plan." By presenting a plan to the bankruptcy court as part …

Dismissal Of Chapter 11 Cases For Lack Of Good Faith Filing, Amanda Alongi

Bankruptcy Research Library

(Excerpt)

Section 1112 of title 11 of the United States Code (the "Bankruptcy Code") provides that a Chapter 11 case can be converted or dismissed, upon the request of an interested party, "for cause." While cause is required, the Bankruptcy Code does not provide a definition. Rather, section 1112(b)(4) provides a non-exhaustive list of examples that constitute "cause." In addition to the statutory examples, almost all courts interpret "cause" to include a lack of good faith. The Bankruptcy Code also does not define good faith, resulting in courts adopting different approaches to determine good faith. Therefore, when an interested party …

The Delaware Bankruptcy Court's Approach To The Subjective Prong Of The Ordinary Course Of Business Defense, Andrew Cardello

Bankruptcy Research Library

(Excerpt)

The ordinary course of business defense (the "OCB Defense") to preference claims under section 547(c)(2)(A) of title 11 of the United States Code (the "Bankruptcy Code") protects transfers that are consistent with previous transactions between a debtor and creditor. In evaluating this defense, the United States Bankruptcy Court for the District of Delaware (the "Delaware Bankruptcy Court") conducts a fact-intensive inquiry into whether the challenged transfers were consistent with the parties’ previously established business practices. Key considerations include the length and regularity of the relationship, the timing and method of the transactions, and the absence of aggressive collection tactics …

Insurers Have Standing To Object To Reorganization Plans, Haley Daniels

Bankruptcy Research Library

(Excerpt)

Section 1109 of title 11 of the United States Code (the "Bankruptcy Code") allows any "party in interest" to raise, appear, and be heard on any issue in a chapter 11 bankruptcy case. The term party in interest is not otherwise defined in the Bankruptcy Code. The United States Supreme Court has interpreted the phrase to describe a party that has a sufficient stake in the outcome of the bankruptcy reorganization. Importantly, Section 1128(b) of the Bankruptcy Code explicitly provides that a party in interest "may object to confirmation of a plan" in a chapter 11 case.

The United …

Reconsideration Of A Previously Allowed Or Disallowed Claim Under Section 502(J) Of The Bankruptcy Code In New York And Delaware., Kalina Mesrobian

Bankruptcy Research Library

(Excerpt)

Section 502(j) of title 11 of the United States Code (the "Bankruptcy Code") states that "[a] claim that has been allowed or disallowed may be reconsidered for cause" in a bankruptcy case. 11 U.S.C.S. §502(j). Section 502(j) further states that "a reconsidered claim may be allowed or disallowed according to the equities of the case." Id. There is no definition of "for cause" or "according to the equities of the case," but the courts have generally held that reconsideration ultimately "lies within the discretion of the court." This article will analyze the scenarios under which a bankruptcy court in …

Debtors Entitled To Only Prospective Relief For Extra Trustee Fees Paid Under Unconstitutional Amendment To Section 1930 Trustee Fee Statute, Joseph Parone

Bankruptcy Research Library

(Excerpt)

The United States Trustee Program comprises eighty-eight of the ninety-four Federal judicial districts. The U.S. Trustee Program is funded through the United States Trustee System Fund, a large portion from debtor trustee fees. U.S. Trustee districts are required to implement the trustee fee structure outlined by the Section 1930 fee statute, which is updated through congressional amendment. However, the Judicial Conference, which oversees the Bankruptcy Administrator Program, had discretion to impose trustee fees outlined in section 1930 on debtors within the remaining six Federal judicial districts under their administration.

In the backdrop of this legislative scheme is the Uniformity …

Non-Applicability Of Proof Of Claim And Discharge Requirements To Defensive Setoff In Chapter 11 Proceedings, Hanting Wang

Bankruptcy Research Library

(Excerpt)

Setoff is generally recognized as an equitable right through which party A can offset its debt to party B against party B's debt to party A, resulting in simultaneous cancellation. "The right of setoff . . . allows entities that owe each other money to apply their mutual debts against each other, thereby avoiding 'the absurdity of making A pay B when B owes A.'" In bankruptcy cases filed under Chapter 11 of Title 11 of the United States Code (the "Bankruptcy Code"), creditors commonly use the right to setoff to affirmatively implicate and recover from the bankruptcy estate …

A Case Of An Undocumented Immigrant With Rectal Adenocarcinoma, Rajiv Shah, Nizar Hallak, Selent Cameron

South Atlantic Division GME Research Day 2025

No abstract provided.

Reconciling Theory And Praxis. Defending Subjective Agency Against Althusser's Structuralism - Daniel Guerrero, Daniel Guerrero

Honors Undergraduate Theses

Louis Althusser labels Marx’s early works as humanist, pseudo-materialist, and self-contained within the ideology of German idealism. Therefore, all attempts to develop a Marxist theory based on these works are futile and ideological. Instead, Althusser proposes a ‘scientific’ reading of Marx developing a structuralist theory based on dialectical materialism. I argue that his interpretations deny individual agency and reduce social relations to mechanistic processes, which directly conflicts with fundamental Marxist ideas like alienation, production, and species-being. By discussing authors within the Marxist Humanist tradition, I argue that a theoretical framework based on Marx’s early works is not only possible, but …

The Impact Of Religiosity On Political Knowledge Among Youth Voters, Norah Sackett

Honors Undergraduate Theses

As political engagement trends among young voters have continued to shift in the United States' political atmosphere, understanding the cognitive factors that influence these decisions is becoming increasingly important. Political efficacy, or the feeling that individual political action can impact the political process, impacting their civic duties, has long been regarded as a key determinant of an individual's political engagement. This study investigates how young voters' understanding of prominent political arguments relates to their sense of political efficacy, with a specific lens on individual religiosity.

Through an examination of this relationship between religiosity and overall comprehension of political arguments, this …

Optimizing Crispri Gene Silencing Of Putative Drug Targets In Mycobacterium Abscessus, Max Ivanov

Honors Undergraduate Theses

Among nontuberculous mycobacteria (NTM), Mycobacterium abscessus (Mab) poses a particular threat to patients with cystic fibrosis and chronic obstructive pulmonary disease due to the lung damage and higher mortality rate it causes. Current treatments involve prolonged multi-antibiotic regimens that are often ineffective, highlighting the need for new drug targets.

The CRISPR Interference (CRISPRi) system uses a deactivated Cas9 protein (dCas9) to enable inducible gene silencing, offering a potential approach to identifying new targets. Genes that lead to a loss of Mab viability when silenced are considered essential, an important attribute of potential drug targets. While CRISPRi has shown …

Academic Proposals For Combating Authoritarian Populism In The United States: A Review Of The Social Science Literature, Emily A. Padgett

Honors Undergraduate Theses

Throughout American history, the idea of “democracy” has been taught at a base level throughout the school system. While we have been taught what a democracy is, it is rare to understand what a democracy isn’t. There have been threats identified by academics to our democracy throughout different eras in history. Now, in our current political climate, all main threats to democracy have been enacted at once.

This thesis serves as a literature review of a handful of academics and their idea of what the main threats to democracy are. There will be references to different perspectives and schools of …

Spirituality In Place: Assessment Of Spirituality, Place Attachment, And Locus Of Control In College, Chloe Armand

Honors Undergraduate Theses

The intent of this thesis is to explore how spirituality in place shapes college students’ cognition. While spiritual development is recognized as an important aspect of student affairs, its influence on cognitive factors such as locus of control and place attachment remains underexplored. This study investigates the relationship between spirituality, place attachment, and locus of control, as well as students’ perceptions of spiritual design elements on UCF’s campus. To assess these perceptions, a Quality of Place Questionnaire for Spirituality was developed. This instrument aims to measure humanity, sensuality, and sustainability in the built environment. This research uncovers the connections between …

Assessing The Relationship Between Perceived Psychological And Physical Pain In Adults With Orthopedic Pain, Daniel C. Karimi Dehkordi

Honors Undergraduate Theses

Suicide remains a public health concern in the U.S., particularly among individuals experiencing chronic pain and psychological distress. This cross-sectional study investigated the relationship between perceived physical and psychological pain in 41 adults with chronic orthopedic conditions. The relationship between other risk and protective factors and perceived levels of pain distress was also examined. Results showed a significant positive correlation between psychological distress and physical pain (r(39) = 0.388, p < .05) and psychological distress and depressive/anxiety symptoms (r (39) = 0.477, p < .01). Psychological distress was moderately associated with feelings of hopelessness (r (39) = 0.403, p < .01), however, the relationship between physical pain and hopelessness was weak and nonsignificant (r (39) = -0.06, p = .71). Contrary to expectations, emotional support did not buffer the effects of psychological distress (r (39) = 0.07, p = 0.66). Mediational analysis confirmed that emotional support did not influence the relationship between physical pain and psychological distress (Beta (β) = -0.969, p = 0.572; Sobel Z = 0.5598, p = 0.575). Age was not correlated with psychological distress (r (39) = -0.24, p = 0.13) or mental health symptoms (r (39) = -0.05, p = .77). While there was no significant difference across sex, males reported higher mental health symptomatology and psychological distress scores than female counterparts. These findings underscore the direct impact of physical pain on psychological distress and challenge assumptions about the protective role of social support. The study highlights the need for integrated, multidisciplinary interventions targeting both physical and psychological pain to mitigate suicide risk among individuals with chronic orthopedic conditions. Future research should iii explore alternative support mechanisms and resilience-building strategies to address the complex interplay of pain, distress, and suicidality.

Exploring The Potential Use Of Health-State Indexes To Improve Estimates Of Health Benefits Of Environmental Regulation, Madison G. Drewry

Honors Undergraduate Theses

This study explores a novel method to calculate the willingness to pay (WTP) for individuals of the general population to reduce the risk of having an illness. The purpose of the study is to observe the implications of the possibility to produce more accurate value of a statistical case (VSC) estimates for usage in regulatory agencies and environmental economics within benefit cost analyses (BCA). By joining aspects from both BCA and cost effectiveness analysis (CEA), such as the health-related quality of life (HRQL), and the value of a statistical life (VSL), this research aims to provide a more precise framework …

The Effects Of Demographic Variables On Covid-19 Attitudes Surrounding The 2020 Election, Shelby K. Dalbec

Honors Undergraduate Theses

The COVID-19 pandemic was a worldwide phenomenon, with far-reaching consequences in all sectors of society, including the 2020 election. To better understand the implications of this global occurrence, this research examines the extent to which demographic variables influenced public opinions surrounding the COVID-19 pandemic. This study takes a quantitative approach, analyzing datasets from the 2020 American National Elections Studies (ANES). It examines demographic, socioeconomic, and political factors as independent variables, with dependent variables that capture attitudes related to the COVID-19 pandemic. I hypothesized that there would be a strong relationship between party identification and COVID-19 attitudes. This study found that …

The Truth And Their Versions: Florida Lawmakers And Academic Freedom Across K-12 And Higher Education, Kassandra Faylun

Honors Undergraduate Theses

Florida’s HB 7 and SB 266, enacted July 1, 2022, and July 1, 2023, respectively. HB 7 controls how certain race-related concepts, like critical race theory, are taught in K-12 classrooms and higher education. SB 266, apart from prohibiting expenditures for DEI programs, provides new requirements for general education core course curricula, including the disallowing of teaching identity politics and barring any classes that are “based on theories that systemic racism, sexism, oppression, and privilege are inherent in the institutions of the United States and were created to maintain social, political, and economic inequities.” Both HB 7 and SB 266 …

Exploring The Impact Of Attorneys With Exposed Tattoos On Jurors, Diego F. Mahoney

Honors Undergraduate Theses

Within the legal field, there appears to be a pervasive stigmatization of exposed tattoos. Law firms justify their explicit or implicit bans on exposed body art by arguing that tattoos could negatively prejudice jurors who may be biased against people with tattoos. This thesis intends to put that notion to the test via a digital survey. Subjects who meet the qualifications to serve as a juror in the United States were shown one of two identical videos of an opening statement. However, in one video the attorney has a neck tattoo, whereas in the other the attorney does not. Subjects …

Rhythm Against Poethics, Jayvyn Dacas

Honors Undergraduate Theses

This thesis stages an auto-poetic ethnography that listens to, and moves with, the anterior spaces of Black life. Those murmurs, hums, musical hesitations, and infrastructural vibrations that refuse capture by dominant epistemic regimes. Drawing from Ramon Amaro’s reading of Sylvia Wynter, Katherine McKittrick and Alexander Weheliye’s reflections on sound, Fred Moten’s insights on displacement, and Tendayi Sithole’s attention to the phonographic, the project situates music production as method and unworlding. Through engagements with the 808, sampling, sound systems, and embodied listening across Florida. Spaces like the warehouse, the party, record stores, and community become the work of Black voices, and …

Venezuela's And Mexico's Oil Industries: Policy Making Sets The Course, Camila Gimenez Valero

Honors Undergraduate Theses

The puzzle of Venezuela's crisis is one that researchers often try to understand. How did one of the richest nations in the world become one of the poorest? Venezuela is nowadays seen as a country with political unrest, where people struggle to get by and with a corrupt government. However, this was not always the case. Throughout the 20th century Venezuela had remarkable economic stability. Having discovered the world's largest known oil reserves, the nation's economy quickly developed, and the country also became known for its long-standing democracy. After the election of Hugo Chavez in 1998, Venezuela began to decline …

An Analysis Of Florida's Dual Enrollment Laws: How Florida's Model Is Uniquely Protected By The Fourteenth Amendment, William H. Hamman

Honors Undergraduate Theses

Florida’s dual enrollment program is an offering within the state’s basic education package, allowing secondary students to participate in postsecondary courses while simultaneously earning secondary and postsecondary credit. In Florida, around 80,000 students participate annually, and 1.5 million students are within the grade range eligible for participation in the program. This thesis analyzes how the program, and subsequently eligible students, are granted constitutional protections under the Fourteenth Amendment. The author conducted this research to highlight the expansive nature of constitutional law and demonstrate how Florida’s model is unique among state-mandated dual/concurrent enrollment programs. To conduct the necessary research, the author …

Measuring Personality And Animal Treatment Attitudes With The Pet Scale, Zackery J. Hilton

Honors Undergraduate Theses

Previous research has looked at the association between personality traits and the proclivity, or history, of committing acts that are characterized as animal abuse or animal cruelty. Much research has also found that individuals who exhibit this type of behavior towards animals also tend to exhibit similar behavior towards other individuals, mainly in the form of domestic or child abuse. Previous studies have measured animal abuse using very explicit and extreme criteria, using acts that are without question blatant abuse or torture; however, there is some grey area where many may argue whether certain acts should be considered abuse, which …

An Alternate History Of Chevron, With A Lesson For Today, Michael E. Herz

Articles

It is a banal truism that judicial deference to agency decisionmaking enables the executive branch to pursue its agenda, whatever that agenda may be. That was obvious to all in the early years of the Chevron decision, which was greeted enthusiastically on the right and skeptically on the left. In Chevron itself, and for a while thereafter, deference advanced the Reagan deregulatory program. Over the years, a subtler conclusion gained consensus: overall and in the long haul, judicial deference is likely to have a net pro-regulatory impact. Hence the right’s hardened opposition to Chevron leading up to its demise. But …