Digital Commons Network^™

The President’S Authority To Impose Tariffs, Chad Squitieri

Scholarly Articles

The International Emergency Economic Powers Act (“IEEPA”) empowers the President to “regulate . . . importation.” In Learning Resources v. Trump, the United States District Court for the District of Columbia ruled that such language did not empower the President to impose tariffs. The District Court reasoned that there was a distinction between the power to “regulate” and the power to “tax,” and that tariffs required a power to tax. This Essay explains why the District Court was wrong.

The Constitution’s original meaning and Supreme Court precedent indicate that tariffs can be an exercise of Congress’s power to regulate …

Associational Rights Versus Nonprofit Transparency: Information Reporting In The Internet Age, Roger Colinvaux

Scholarly Articles

For decades, the nation’s charitable and nonprofit organizations have been required to file an information return, known as the Form 990, with the Internal Revenue Service. Congress mandates that the return be made publicly available. Such information reporting, both to the IRS and to the public, is the cornerstone of the federal government’s approach to assuring that nonprofit organizations are legally compliant. The Supreme Court’s decision in Americans for Prosperity Foundation v. Bonta (APF), however, casts a shadow on the constitutionality of nonprofit reporting requirements. In APF, the Court held unconstitutional California’s effort to require charities to …

Beyond Judicial Dialogue: Reference To Domestic Law By The Inter–American Court Of Human Rights, Soledad Bertelsen

Scholarly Articles

The recent freeze of U.S. funding to the Inter–American Commission on Human Rights serves as a reminder of how fragile the Inter–American System of Human Rights truly is. The effectiveness of the Inter–American institutions largely depends on their legitimacy in the eyes of the member states. This article argues how the legitimacy of the Inter–American Court can be enhanced by the language used in its judgments. The paper focuses on how references to domestic law in the case–law of the Inter–American Court can persuade states to comply with its decisions. Citations transcend the much–discussed judicial dialogue since they also reference …

Bruen Was Right, J. Joel Alicea

Scholarly Articles

New York State Rifle & Pistol Association v. Bruen is one of the most methodologically significant—and widely maligned—constitutional law decisions of the last several decades. By rejecting the tiers of scrutiny that have loomed large in rights jurisprudence since the 1960s and substituting a text-and-history test for Second Amendment cases, Bruen signals a potential transformation of American constitutional law far beyond the Second Amendment context. Given Bruen’s methodological significance and the text-and-history approach it represents, one might have expected that the debate over Bruen would break down along familiar lines, with originalists defending Bruen and non-originalists critiquing it. Yet, the …

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 …

Public Right And Humane Punishment, Adam J. Macleod

Scholarly Articles

Retribution is the strategic lynchpin for securing justice and the presumption of innocence. It is the justification that takes the criminal defendant to be a human being rather than a mere instrument of social engineering and political control. By contrast, modern, results-oriented theories of punishment—deterrence, incapacitation, and rehabilitation—have made our institutions of criminal justice less humane in important ways. Gerard Bradley’s contemporary, detailed account of the old idea of retribution can be cashed out in legal doctrines that secure the presumption of innocence and limit the corrosive effects of strict-liability offenses. This new articulation of an old juristic concept provides …

Children And Chairs, Artifacts And Reality, Adam J. Macleod

Scholarly Articles

Where do children come from? The source of childhood—either nature or political will—is a matter not merely of chronology but of authority. Whoever makes children gets to define childhood. Legal childhood is one type of legal personhood. Legal personhood matters because legal persons bear legal rights and duties. Rights and duties direct how we act toward each other. Thus, our ideas about how persons come to be, who counts as a person, and how persons are defined in law determine in large part how we act toward persons, both other persons and ourselves.

A legal person is an artifact 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 …

Vessel Charters In Sea And Space, Adam J. Macleod

Scholarly Articles

When the ship MV Dali allided with the Francis Scott Key Bridge in Baltimore Harbor in March 2024, it caused the bridge to collapse. This collapse killed six people, destroyed a major highway in a large city, and closed one of America's busiest ports. Officials must determine who is responsible. Though the formal investigation is still ongoing, officials will likely identify the responsible parties using long-settled rules about the possession, command, and control of vessels engaged in maritime activities. Not all cases are as straight-forward. Around the world, it is getting more difficult to assign legal responsibility for illegal and …

How A Theory Can Make A Difference, Marc O. Degirolami

Scholarly Articles

Professor Sherif Girgis argues in his rich Lecture that originalism as a theory of constitutional law sometimes still makes a difference, but sometimes no longer does. The difference originalism once purported to make can no longer be defended because originalism has become far closer to its onetime nemesis—common law constitutionalism—than it once was, or once was thought to be. The difference that originalism still makes is real, Professor Girgis says, but is difficult to quantify or theorize. The Lecture is punctuated with genial insight about the academy and the courts, but it concludes on a doleful note: originalism just does …

Correlates Of Gacha Gaming, Minh Quang Nguyen

Graduate Theses/Dissertations

The purpose of this study was to explore the relationship between impulsive measures, income spending on gaming, and delayed discounting in a Gatha player sample. Two model approaches were employed: (1) a mediation model approach predicting delayed discounting with age and education level as mediators and (2) a multiple regression model predicting delayed discounting. Although the proposed models were exploratory, it was the contention of the author that these analyses would result in a better understanding of delayed discounting in Gacha gaming. Both age and education level were not correlated with the dependent variable (spending ratio), therefore the mediation model …

A Cadaver Story: Relationality In The Anatomy Laboratory, Stephanie Teasley

Graduate Theses/Dissertations

Cadavers in the human anatomy laboratory occupy a liminal social space, a circumstance that presents a variety of challenges for anatomy students. Cadavers are intended to be scientific objects for study, but their human status makes dissection uniquely challenging. Many of the obstacles to working in the laboratory result from discomfort experienced at the thought of cutting a person (i.e. a social being). In this project, I use ‘cadaver’ to indicate a category of being created in and for the anatomy laboratory. This is distinct from the more general ‘dead body’ in that the category cadaver enables emotional distance and …

Tailwater Trout Population Dynamics, Connor Dylan Cunningham

Graduate Theses/Dissertations

Dams have been constructed throughout the world and provide several resources for humans (e.g., flood control, hydropower). These structures heavily alter the upstream and downstream environment. One consequence of these alterations is the creation of “tailwaters”, which can create cold-water habitat via hypolimnetic releases. In the southeast United States these tailwater environments are often managed for the recreational use of nonnative salmonids. The unnatural flow regimes of tailwaters affect the biotic and abiotic conditions and ultimately the dynamic rate functions (i.e., recruitment, growth, mortality) of the fish inhabiting them. As such, the goal of this research is to provide fisheries …

The Presence Of Outer Giant Planets And Their Role In Inner Planet Formation With And Without Their Influence, Mateo E. Guerra Toro

Graduate Theses/Dissertations

We performed dynamical simulations of the giant impact phase of planet formation to investigate the formation of inner terrestrial planets under the influence of 4 solar system-like outer giant planets. We developed a new code using the N-body simulation suite REBOUND and REBOUNDx (Rein et al. (2019) and Tamayo et al. (2019)) to simulate 2 stages of planetary formation: a residual gaseous protoplanetary disk phase and subsequent dynamical evolution after the disk photoevaporates. The initial conditions for the inner planetary embryos were taken by Morrison et al. (2020) based on a range of solid surface densities that produced Super-Earth terrestrial …

Identification Of A Stable Qtl For Juice Color In A Vitis Interspecific Hybrid ‘Chambourcin’- Based Population, Qiuni Yang

Graduate Theses/Dissertations

Berry juice color is one of the key factors influencing grape and wine quality, consumer preference, and marketability. While most previous studies on berry color have focused on the skin, research on juice color remains limited. This study investigated the genetic basis of berry juice color in a hybrid population derived from the Vitis interspecific hybrid ‘Chambourcin’ and V. vinifera ‘Cabernet Sauvignon’. A new nine-category visual scoring system was developed to assess juice color based on OIV 225. To achieve comprehensive precision and quantitative analysis, CIELAB parameters (L*, a*, b*), Hue, and Chroma were extracted from image-based measurements. Using berries …

A Retrieval Augmented Approach To Improving Accuracy Of Biomedical Term Normalization By Large Language Models, Thanh Son Do

Graduate Theses/Dissertations

Ontology normalization is crucial in biomedical text processing, as it enables the mapping of medical expressions to standardized ontology terms and their corresponding identifiers. This thesis explores the feasibility of using large language models (LLMs) for ontology normalization, with a specific focus on the Human Phenotype Ontology and Gene Ontology. Prior research studies indicated that LLMs employing zero-shot learning tend to exhibit low accuracy and are prone to frequent hallucinations. We propose a retrieval augmented generation (RAG) approach to address these limitations and enhance normalization accuracy. We generated synthetic test sets of ontology-derived synonyms to evaluate normalization performance and developed …

What I Was And Who I Am, And Before And After, Molly K. Del Rossi

Graduate Theses/Dissertations

This thesis begins with a critical introduction which analyzes varying forms—such as the inverted sonnet—the schools of confessional and post-confessional poetry—and how they differ—and inspiration used for my creative work in poetry. I claim to be a poet who writes primarily based on personal memories. I chronicle my initial encounters with poetry as a teenager through the lens of confessionalism, as demonstrated by Eavan Boland and Anne Sexton. To exhibit my gained knowledge, I reference poetic theorists such as Richard Hugo, Charles Olson, Adrienne Rich, Mary Ruefle, and Gertrude Stein when analyzing which theories and dialogues influence my poetic style. …

The Effect Of Polyethylene Glycol Surface Density Of Dense Brush Gold Nanoparticles On Insulin Fibrillation, Ethan Patrick Grier

Graduate Theses/Dissertations

The development of various neurodegenerative diseases such as Parkinson’s disease and Alzheimer’s disease has been linked to the fibrillation of various proteins within the brain. Parkinson’s disease is specifically linked to the fibrillation of α-Synuclein. During the fibrillation process, the proteins take the form of oligomers, and exposure to these oligomers has been linked to various cytotoxic and neurotoxic effects. Once the fibrillation process is complete, the fibrils made have been shown to be much less toxic than the oligomer stage. This fibrillation process is thermodynamically favorable and is largely irreversible, so one course of action for treatment of these …

Help Or Hindrance? Humans As A Range Expanding And Reducing Force For Himalayan Black Bears In Nepal, Suman Shree Neupane

Graduate Theses/Dissertations

I explore the relationship between Himalayan black bears (HBBs) and humans by constructing niche models for HBBs considering both natural and human influences. This approach allowed me to assess the net impact of human activities on HBBs, which face challenges like habitat fragmentation, but also reap some benefits (like increased food availability). I examined HBB niche impacts from humans by quantifying and comparing the extent of HBB niche space when including versus excluding anthropogenic influences. Specifically, I estimated the natural HBB niche space by assuming no human alterations of the landscape and compared this natural range to the observed range …

An Investigation Of The Physiological And Behavioral Correlates Of Mental Imagery, Matthew Daniel Carroll

Graduate Theses/Dissertations

Many conventional theories hold mental imagery to be fundamental to self-regulation. Recently, a current of research into mental imagery has developed, with the terms anaurelia and aphantasia being coined for the inability to experience, respectively, auditory and visual thought content, yet little is known about the impact that such individual differences have on persons’ lives. The present experiment was performed in order to test the hypotheses that self-regulation and mental imagery positively correlate and that mental imagery mediates the correlation of resting heart-rate variability and self-regulation. Self-regulation was measured via a self-report questionnaire (the Short Self-Regulation Questionnaire), as was mental …

"See How He Loved Him": Lazarus Of Bethany As The Beloved Disciple In The Gospel Of John, Jared M. Pannell

Graduate Theses/Dissertations

Traditionally, the “disciple whom Jesus loved” from the fourth of the Christian gospels has been identified as John the Apostle, one of the original twelve disciples of Jesus, since at least the late second century. In recent scholarship, however, this position has come increasingly under question. Questions of John the Apostle’s literacy and capacity to write the gospel and doubts about the veracity of the eyewitness claims in the gospel have shifted the landscape of scholarly inquiry. As such, a wide variety of alternative candidates have been proposed. This thesis puts forward Lazarus of Bethany as a serious candidate for …

Nexus Of Fear, Deterrence, And Prestige: The Role Of Russia's Exotic Nuclear Toolkit, Ryan Christenson

Graduate Theses/Dissertations

This thesis examines Russia’s development of “exotic” nuclear weapon systems, specifically the Poseidon nuclear-powered torpedo, the Avangard hypersonic glide vehicle, the Kinzhal hypersonic air-launched ballistic missile, and the Burevestnik nuclear-powered cruise missile, to determine how and why Russia diverged from traditional nuclear platforms. Drawing on open-source data and comparative analysis against the standard nuclear triad, it investigates the doctrinal, technical, and political motivations driving Moscow’s nuclear modernization, including paranoia over U.S. missile defense, aspirations for great-power status, and domestic economic influences. Scenario-based assessments illustrate the potential destabilizing effects of these systems, which compress decision-making time and raise risks of inadvertent …

The Effects Of Calcium Availability On Growth And Calcium Content Of Hydroponic Daikon Radish Microgreens, Cory Michael Reichmuth

Graduate Theses/Dissertations

Microgreens are young, edible seedlings harvested upon emergence of the first true leaf. Their popularity is growing as a nutritionally dense food source that can be grown quickly in space-efficient systems. However, little is known about optimal cultivation practices and the effects of fertilization on growth and nutrition of microgreens. This study investigates the role of calcium (Ca) fertilization in optimizing the growth, yield, and nutrient content of daikon radish (Raphanus sativus) microgreens. A hydroponic system was designed to consistently deliver nutrient solution to microgreens grown in a closed-environment chamber. This study tested different Ca fertilization rates of 0, 5, …

Bridging The Gap: Fostering Emotional Expression Through Teaching Strategies In The Middle School Choral Classroom, Jacob Brown

Graduate Theses/Dissertations

This study investigates the impact of teacher-elicited expression strategies (i.e. emotionally evocative metaphor, technical elements through modeling, body of the conductor, understanding the emotional content) on the emotional expressivity of my middle school choral students. Using a mixed-method approach, data was collected through surveys of students' self-evaluations of the expression strategies, and their overall value of expression before and after learning processes that emphasized emotional expressivity. I found that each teacher-elicited expression strategies impacted student expressivity positively. Concrete strategies (i.e., body of the conductor and technical elements through modeling) were highly effective, particularly in my beginner and intermediate choirs, while …

Development Of Cyan And Blue Thermostable Fluorescent Proteins: Characterization And Structural Analysis, Acacia J. Jurkowski

Graduate Theses/Dissertations

Fluorescent proteins are commonly used as cell markers in living organisms. Modifications by mutation can be used to improve the qualities of these proteins including fluorescence, thermostability, pH stability, and chemical stability. The goal of this project is to use mutagenesis to improve the fluorescence of thermostable cyan and blue proteins derived from the thermal green protein (TGP). The first cyan protein developed by the DeVore lab (CTP 0.0) shifted the fluorescence to cyan but decreased the quantum yield (Φ_F) to 0.056. Further mutations were incorporated to increase the quantum yield through incorporating hydrogen bonding interactions to the …

Territorial Behavior Of A Terrestrial Salamander: Effect Of Physical Stress, Residency Status, And Sex, Abigail C. Nagl

Graduate Theses/Dissertations

Environmentally induced stressors can include threats from predators and competitors. Individuals in territorial species, including the subject of this study, Southern Red-backed Salamanders, Plethodon serratus, face ongoing competitive threats, and loss of contests may be more consequential to territory owners (losing a territory) than to intruders (continuing to be without a territory). Therefore, when the threat of increased predation risk is added, residents may respond differently than intruders. Here, I tested the impact of physical stress, residency status and sex on the territorial behavior of Southern Red-backed salamanders. Territorial behavior was assessed through staged contests with same-sized and same-sexed individuals, …

A Study Of Collegiate Equine Team Funding, Expenditures, And Recruitment Strategies, Sydni Marie Nilles

Graduate Theses/Dissertations

Collegiate equine teams (including horse judging, equestrian, ranch horse teams) have been recognized for their contributions to students' personal and professional development for post- graduation success. Teams have been used to provide opportunities, a sense of belonging and allow for experiences students may not have elsewhere. However, there is a notable gap in knowledge as to where funding comes from and how much teams may be able to budget for expenditures. Recruitment tactical knowledge provides other teams with knowledge of potential areas they may be lacking or unaware of. I used an online survey to understand current ranges of support …

Next In Line: Exploring Owner, Business, And Family Characteristics And Farm Succession Planning, Tucker Lane Bittick

Graduate Theses/Dissertations

The growing average age of the American farmer raises concerns about who will be involved in the future agricultural economy. Efficient succession in family farms keeps farm values high, and farms that plan for succession have an incentive to invest more resources into the farm. Knowing what factors on family farms are common when succession occurs could help encourage earlier succession planning. The research questions were: “Are family, business, and owner characteristics significantly related to the presence of a farm succession plan on farms in the Midwest?” and “Are family, business, and owner characteristics significantly related to principal operators’ preference …

Use Of Fecal Inoculum From Easy And Hard Keeper Horses To Determine In-Vitro Digestibility Of Feedstuffs Used In Equine Diets, Leah Bills

Graduate Theses/Dissertations

Digestibility studies provide vital information for formulating ideal diets based on an animal’s ability to digest and absorb the available nutrients from the feed provided. The purpose of this study was to determine if there is a difference in the nutrient digestion of horses between those that have a difficult time maintaining a healthy body weight (body condition score at or below 5, hard keeper) and those that easily maintain a healthy body weight (body condition score of >5, easy keeper). Six mature geldings averaging 534.1 ± 47.1 kg were used in this study. During the experimental period horses were …

Utilizing The Spatial Evaluation Of Language And Flexibility For Youth (Self-Y) In Clinical Case Conceptualization, Katelyn Frahm

Graduate Theses/Dissertations

Individuals diagnosed with autism spectrum disorder (ASD) often experience challenges with restricted and repetitive behaviors, relating directly to challenges with psychological flexibility (Hyman et al., 2020; Hayes et al., 2006). Unfortunately, the history of applied behavior analysis has extended harmful implications of treatment that have focused on compliance training and punishment, often worsening psychological flexibility (Sandoval-Norton et al., 2019). Research is calling behavior analysis to combine flexible approaches, such as Acceptance and Commitment Therapy, with technologies exploring the intricacies of individual relational networks (Hayes et al., 1999; Hayes et al., 2022; Hayes & King, 2024). The present study introduced the …