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Splitting The Statute: Severability As A Canon Of Construction Or Constitutional Concern?, Amy L. Moore

Catholic University Law Review

Severability doctrine stands at the crossroads of statutory interpretation and constitutional structure. This Article traces how the Supreme Court has struggled to define whether severability is merely an interpretive presumption designed to preserve as much of Congress’ work as possible, or a constitutional limit on judicial power that forbids courts from reconstructing statutes Congress never enacted. Beginning with Marbury v. Madison and running through cases like Alaska Airlines, Booker, Ayotte, Seila Law, and Loper Bright, this Article charts the Court’s shifting rationales from legislative intent and functional operability to structural separation-of-powers concerns. It distinguishes between …

Facial Challenges, Remedies, And The Judicial Power, Natalie R. Schmidt

Catholic University Law Review

The Supreme Court has long maligned facial, as opposed to as-applied, challenges to the constitutionality of statutes, warning that they are disfavored and difficult to win. But recently, in his separate opinion in Moody v. NetChoice, LLC, Justice Thomas has launched a stronger attack: facial challenges are improper exercises of the judicial power. Facial challenges, he asserted, require courts to go beyond the case or controversy before them, improperly distort standing doctrine, and thus violate Article III of the U.S. Constitution.

This Symposium Piece addresses Justice Thomas’s charge head on, arguing that facial challenges do not implicate the judicial …

Rethinking Judicial Power & Remedial Restraint, Caprice L. Roberts

Catholic University Law Review

This Article maintains that groundbreaking Supreme Court cases reshaping judicial power and restraint are frequently remedies centric. The much- anticipated ruling in Trump v. CASA illustrates this correlation. Interpreting traditional equity, the Supreme Court circumscribed federal judicial power to issue universal relief. The Court relied on Marbury v. Madison to bolster its reasoning on the limits of judicial power. Ironically, both cases denied any remedy while enhancing the potential for future judicial power. Whether via judicial review and supremacy power or the Court’s future ability to now be the only federal court able to issue universal remedies—the Court’s role in …

Disregarding Severability, Kevin C. Walsh

Catholic University Law Review

The infirmities of severability doctrine have elicited increased attention at the Supreme Court. In his application of severability doctrine for a five-Justice majority in United States v. Arthrex, Inc., Chief Justice Roberts began to reformulate the doctrine in a way that can free the Court from the misleading mental imagery conjured by the conception of courts as “severing” provisions from a statute. Roberts's reformulation more properly depicts the relevant judicial activity to be judicial disregard of statutory rules to avoid unconstitutional applications of law rather than judicial severance of textual provisions to fix a problem that inheres in the …

Usa V. Steven Pennycooke

2025 Decisions

USDC for the Eastern District of Pennsylvania

Artificial Intelligence And Consumer Trust, Privacy, And Protection On Digital Platforms, Alheri Gajere Adams

Walden Dissertations and Doctoral Studies

Academic scholars have researched the impact of artificial intelligence (AI) on privacy, trust, and data governance; however, substantial gaps remain—particularly regarding how AI influences consumer trust and privacy among Texas consumers subscribed to digital platforms. The purpose of this generic qualitative study was to explore how Texas consumers experience and perceive online platforms for personal and private use regarding online data privacy and trust, underscoring the gap in prior research on how state-level consumer protection laws, such as the Texas Deceptive Trade Practices Act (DTPA), address concerns relative to data trust, privacy, and digital protection. The conceptual framework that guided …

Table Of Contents

Mercer Law Review

No abstract provided.

State Constitutional Law: Developments In Georgia Election Law, Bryan P. Tyson, Bryan F. Jacoutot, Diane F. Laross

Mercer Law Review

Since the 2018 election, the election process in Georgia has been subjected to intense scrutiny both on the campaign trail and in the courtroom through a variety of lawsuits. Cases in superior courts and the Supreme Court of Georgia have challenged everything from candidate eligibility to election outcomes to the voting machines used in elections. While much of the highest-profile litigation has been in federal court, state law regarding election administration and post-election contests has developed in significant ways during that time period. This Article reviews some of the most significant cases involving Georgia election law that have made their …

Does Georgia’S Code Have The Force Of Law? Early Codification Practices And Constitutional Questions, Jake Shatzer

Mercer Law Review

In 1858, Georgia’s General Assembly commissioned the state’s first official code. The legislature appointed three men to assemble a lengthy volume that included all the legislative acts that were in force at the time. Besides statutes, the General Assembly also tasked the codifiers with codifying legal principles of the English common law, Georgia Supreme Court decisions, and English statutes that were still in force. As a result, the codifiers inserted hundreds of provisions into the code that they wrote in an attempt to distill these legal principles into statutory form. When the codifiers’ work was done, the General Assembly adopted …

Local Government, Jacob Stalvey O’Neal, Russell A. Britt, Dana A. King, Jennifer Dorminey Herzog, Nicholas A. Kinsley, M. Blake Walker

Mercer Law Review

Last year’s survey showed that the appellate courts in Georgia were reluctant to rule that a public official had violated a ministerial duty and thus were willing to hold that public officials were entitled to official immunity. This year, however, at least one case showed a swing in the other direction, with the Court of Appeals of Georgia holding that official immunity can be overcome, despite the existence of some discretionary language in a policy.

Zoning And Land Use Law, Newton M. Galloway, Steven L. Jones, Joshua Williams

Mercer Law Review

This year’s Georgia Survey on zoning law analyzes new developments in case law and legislation over the Survey period. It analyzes the impact and aftermath of the Supreme Court of Georgia’s opinion in State v. SASS Group, LLC. SASS Group was the first case arising under the 2020 amendment to the Georgia Constitution of 1983, which permitted a limited waiver of the state’s sovereign immunity for declaratory judgment claims alleging that an action of a government official was unconstitutional. Though SASS Group did not factually involve a zoning decision, its holding impacted how and against whom an appeal of a …

Beyond Gary V. State: Paragraph Xiii And The Future Of Georgia’S Exclusionary Rule, Joshua R. Wright

Mercer Law Review

While lawyers across Georgia routinely file motions to suppress evidence in the state’s superior courts, many may never stop to consider what actually affords their clients that right. Practitioners preparing these motions quickly discover one of the most significant recent developments in modern Georgia criminal law: the debate over the scope of a criminal defendant’s constitutional protection against unreasonable searches and seizures and, more importantly, when courts must suppress evidence obtained in violation of those rights. Will the Georgia Supreme Court overturn Gary v. State in full and adopt a good-faith exception? If so, can criminal defense attorneys look to …

Still A Deal With The Devil? Mary Carter Agreements And The Integrity Of Civil Jury Trials, Lane Hammond

Mercer Law Review

This Comment examines how jurisdictions treat Mary Carter agreements today and why Georgia should prohibit them entirely. It explores a case currently on appeal before the Court of Appeals of Georgia that raises the issue, draws parallels to prohibited trial tactics under the Bruton Doctrine, and explains why limiting instructions fail to cure the prejudice these agreements create. It raises questions about whether Mary Carter agreements even present a justiciable controversy. It also considers the tension between the competing values at stake: promoting settlements and judicial efficiency on one side, versus safeguarding fairness and the integrity of litigation on the …

Saints, Sinners, And Standard Agreements: Rethinking Morality Clauses In Georgia, Margaret Shehane

Mercer Law Review

This Comment situates morality clauses within Georgia’s broader contract and employment law framework, while also drawing lessons from New York and California. Part I traces the history and function of morality clauses, distinguishing between express and implied provisions, as well as reputational and conduct-based triggers. Part II examines how New York and California have approached morality clauses, emphasizing their reliance on public policy to limit enforceability. Part III turns to Georgia, analyzing how morality provisions are interpreted in light of at-will employment, identifying common drafting pitfalls, and offering practical guidance for attorneys. Part IV looks ahead, considering how Georgia law …

From Classroom To Courtroom: Vicarious Liability In Clinical Education, Grace M. Owens

Mercer Law Review

Vicarious liability has progressively extended its reach into the healthcare field. The advancement of clinical education and increased presence of medical students in the healthcare setting raises the question of who bears the legal responsibility for a student’s wrongful acts or omissions during the provision of medical care. In an attempt to conform to traditional tort ideals, should a medical student be solely responsible for their own actions? Conversely, should the medical institution or supervising physician pay the price of a student’s mistakes? Statham v. Quang demonstrates this tension and represents the Supreme Court of Georgia’s attempt to strike a …

Peripheral Blood Biomarkers For Rheumatoid Arthritis-Associated Interstitial Lung Disease, Brent A. Luedders

Theses & Dissertations

Rheumatoid arthritis-associated interstitial lung disease (RA-ILD) is a common extra-articular complication of rheumatoid arthritis (RA). Measuring peripheral blood biomarkers represents an appealing strategy to inform the screening and prediction of RA-ILD. In these studies, I aimed to further characterize the associations of peripheral blood biomarkers with prevalent and incident RA-ILD. First, I evaluated the associations of matrix metalloproteinases (MMPs) with RA-ILD among a multicenter cohort of RA U.S. Veteran patients (n = 2,312). Higher concentrations of MMP-7 and MMP-9 were independently associated with both prevalent and incident RA-ILD, including a nearly four-fold increased odds of prevalent RA-ILD (adjusted odds ratio …

Chapter Three: Aging, Compounded Effects, And Health, Lihua Huang, Alena Kenyon

Books and Contributions to Books

It examines ageism in the context of additional major social positions that older adults experience, such as class, sex, race/ethnicity, rurality, ability, sexual orientation and gender identity, and immigration, but also highlight the cumulative, compounded effects of multiple marginalizations on their health and lived aging experiences, from food and housing security to digital access.

The Nursing Human Capital Value Model, Olga Yakusheva, Kathryn A. Lee, Marianne Weiss

Individual Open Access Articles

Nursing's economic value is presently framed within the dominant “outcomes-over-cost” value framework. Within this context, organizations employing nurses often use nursing budget reductions as a cost-minimization strategy, with the intent of retaining high quality outcomes. However, persistent issues such as nurse understaffing, burnout, and turnover threaten healthcare systems' capacity to deliver the quality, equitable, affordable patient care that the public requires. In this paper, we propose a new conceptual model and definition of nursing's economic value. The model development is guided by the convergence of three classic economic frameworks:human capital theory, production theory, and value theory. Grounded in these theories, …

Standing Apart: Wasserman V. Franklin County And The End Of Third-Party Standing In Georgia, Scott Key

Mercer Law Review

In Wasserman v. Franklin County, the Supreme Court of Georgia ended third-party standing, reasoning that the Georgia Constitution does not provide for it and that principles of stare decisis do not require that Georgia courts continue to follow the third-party standing doctrine. While Georgia courts imported the federal third-party standing doctrine in 2007, the supreme court abandoned it approximately eighteen years later. Beginning in Sons of Confederate Veterans v. Henry County Board Of Commissioners (“SCV”), the court narrowed the scope of standing under Georgia law. This case also reflects a broader trend in which the court strictly construes the language …

The Impact Of New York City’S Bail Reform, Ruya Y. Kutgun

Honors College Theses

This thesis examines the impact of New York City’s bail reform on crime, recidivism, and jail populations, with particular attention to whether the reform has contributed to increased violence. Implemented in 2020 to reduce racial and economic inequalities, bail reform eliminated cash bail for most low-level offenses and emphasized the least restrictive pretrial conditions, with subsequent amendments expanding eligibility for detention. Using cross-sectional data from multiple governmental and research institutions, this study analyzes arrest rates, rearrest rates, and jail population trends before and after implementation. Findings indicate no significant increase in recidivism or violent crime attributable to bail reform. Fluctuations …

Three Case Studies Of Transformative Learning In A Service-Learning Anthropology Course, Elizabeth S. Schulte

Theses and Dissertations

This study investigates the processes of personal transformation of three students enrolled in a service-learning based course that I taught at Brigham Young University. Informed by my observations as instructor of the course, in the analysis below I draw upon these students' weekly personal reflection essays to describe the process of individual transformation of these three students across the semester. This accounting provides insight into aspects of and contributing factors to that growth. I propose that a service-learning based course design with a framework of anthropological theory is a good way to facilitate transformational educational experiences. Aspects of service-learning such …

Studia I Materiały Nr 2/2025 (43)

Studia i Materiały Wydział Zarządzania Uniwersytet Warszawski

Entire Volume Studia i Materiały 2/2025 (43)

Micro-Credentials As A Tool To Support Sustainable Development Academic Education – Survey Results, Mariola Zalewska

Studia i Materiały Wydział Zarządzania Uniwersytet Warszawski

Purpose: The aim of this study is to explore the potential of micro-credentials as a tool for integrating Education for Sustainable Development (ESD) into university curricula and for mitigating student dropout. In light of delays in achieving the 2030 Agenda goals, the study examines whether micro-credentials can enhance sustainability competencies through flexible, student-centred learning pathways. To address the research gap regarding the limited understanding of student perceptions of both ESD and micro-credentials, a pilot study was conducted among students at the Faculty of Management, University of Warsaw.

Design/ methodology/approach: The survey covered the following thematic areas: perceived importance of …

Kutukan Sumber Daya Atau Katalis Kesejahteraan: Bagaimana Dampak Hilirisasi Nikel Terhadap Kemiskinan Di Sulawesi?, Muhammad Syafiq Zufarulhaq, Ashintya Damayati

Jurnal Kebijakan Ekonomi

This study evaluates the impact of nickel downstreaming on poverty levels in Sulawesi by examining the effectiveness of smelter development and the raw ore export ban policy as resource-based industrialization strategies. The primary contribution of this research lies in its identification strategy, which employs a staggered Difference-in-Differences approach with two-way fixed effects using panel data from 54 regencies/municipalities over the period 2010–2023. The baseline regression results show that the average effect of smelters is not statistically significant in reducing poverty. On the other hand, the raw mineral export ban policy is found to significantly reduce poverty. However, there is no …

Evaluating Bmx-001 As A Selective Radioprotector For Healthy Tissue In Pelvic Cancers, Molly Myers

Theses & Dissertations

Pelvic cancers, including rectal, anal, and prostate cancer, are relatively survivable cancers with high five-year survival rates, partially due to the addition of radiation to treatment regimens. Radiation confers excellent tumor control, but also causes damage to surrounding tissue, resulting in both short-term and long-term side effects. In a patient population that is surviving longer after treatment, limiting the impact of side effects is instrumental to improving patient quality of life. Radiation-induced ROS is instrumental in causing these side effects and provides a unique opportunity to protect healthy tissue from damage while sensitizing cancer tissue to treatment, as cancer cells …

Public Perception About Covid-19 Vaccine Hesitancy In South Central Nebraska, Rita Nnenne Oparaocha

Biology Theses, Dissertations, and Student Creative Activity

The COVID-19 pandemic created a shift in the trajectory of vaccination hesitancy, altering risk perceptions and vaccination attitudes among individuals in rural communities. The 5C framework highlights confidence, complacency, constraints, calculation, and collective responsibility as influencing factors of vaccine hesitancy. This study assessed the proportion of adults who refused COVID-19 vaccination and identified the individual reasons for hesitancy among those who refused the COVID -19 vaccines in South Central Nebraska. Data was analyzed from a local cross-sectional public health survey administered to 2,034 adult participants over a six-month period (March-August 2024), including 91 respondents who were from outside the seven-county …

Exploring The Potential Effects Of Read Naturally Live To Support Reading Fluency Development In Diverse Learners, Jovonne Tabb

Electronic Theses and Dissertations

The ability to comprehend and apply knowledge learned through reading is fundamental for individuals to become successful and productive citizens in society. The inability to read fluently and accurately with appropriate pacing and expression significantly inhibits text comprehension. Research suggests that children who do not develop reading fluency are more likely to experience learning and comprehension difficulties throughout their academic careers (Lange, 2019). Computer-assisted interventions (CAI) have demonstrated effectiveness in advancing students' reading fluency, particularly for those at risk of developing reading disabilities or those already diagnosed with reading difficulties. However, a significant gap exists in research examining CAI effectiveness …

Reuven Holding, Ltd. V. Lopez

All Decisions

In this licensee holdover proceeding, the landlord obtained a judgment and warrant of eviction, leading to the tenant's eviction. The tenant subsequently filed a post-eviction Order to Show Cause seeking restoration, citing medical issues that impacted her ability to litigate and potential eligibility for HRA assistance. Balancing the equities, the court granted the tenant's motion under RPAPL § 749(3), ordering immediate restoration to possession. The re-execution of the warrant was stayed, conditioned upon the tenant's payment of stipulated rent arrears, plus marshal and legal fees, despite the landlord's strong objection.

470 Manhattan Ave. Llc. V Barboza

All Decisions

In this licensee holdover for an Interim Multiple Dwelling, the court granted the landlord's motion in its entirety. The tenant's personal jurisdiction defense was stricken because she asserted unrelated counterclaims for retaliatory eviction (inapplicable to non-tenants) and attorney's fees. The tenant's jury demand was also stricken, as the prior lease's jury waiver was a real covenant binding successors. The court granted discovery to the landlord regarding the tenant's succession defense and awarded ongoing use and occupancy under RPAPL § 745(2), finding landlord's good faith efforts to comply with Loft Law superseded the certificate of occupancy requirement. The tenant's cross-motion for …

Retrospective Pre-Post Evaluation Of Faculty Teaching Practices And Student Outcomes Before And After Acue Certification At Mervyn M. Dymally College Of Nursing (Mmdcon), Charles R. Drew University Of Medicine And Science (Cdu), Charity M. Chimwala-Selico, Davian Quezada, Leah Fitzgerald

General Submissions: Academic Settings and Education-based Materials

Background/Significance: Charles R. Drew University of Medicine and Science (CDU) is committed to advancing equity, academic excellence, and student success through faculty development. In alignment with this mission, CDU partnered with the Association of College and University Educators (ACUE), whose certification program provides evidence-based teaching strategies designed to enhance instructional effectiveness, foster student achievement, and strengthen institutional outcomes. This faculty development initiative is significant for nursing education, where effective pedagogy directly impacts program retention, graduation rates, and preparation of a diverse nursing workforce.

Purpose: This study evaluates the impact of ACUE certification on teaching practices and pre-licensure nursing student outcomes …