Digital Commons Network^™

Formal Victories And Roads Not Taken: Excavating Departures And Throughlines In Challenges To The Place Of Marriage, Linda C. Mcclain

Faculty Scholarship

A decade after Obergefell, Professor Mayeri’s fascinating and meticulously detailed new book, Marital Privilege: Marriage, Inequality, and the Transformation of American Law, tells the stories of “marriage’s challengers,”from the 1960s to the beginning of the twenty-first century.¹⁶ Along with the stories of some “well-known” lawyers, advocates, and scholars, Mayeri also “rescu[es]” the stories of now “obscure” Americans who “pushed marital boundaries” to protect their parental rights, their careers, or their “freedom to make decisions about their bodies and families.”¹⁷ Such rescue allows readers to “see change as a bottom-up as well as a top-down process.”¹⁸ Mayeri …

The Power Of Subnational Actors In Enforcement Of The Convention On Long-Range Transboundary Air Pollution, Wendy Erickson

Minnesota Journal of International Law, Vols. 28:2 onward (2019-present)

The Geneva Convention on Long-Range Transboundary Air Pollution (CLRTAP) was adopted in 1979 and continues to serve as the preeminent international framework for transboundary air pollution. The international community has used a range of multilateral and bilateral cooperative arrangements to address international movement of harmful pollutants. Each has had to contend with the issue of ensuring compliance among party States. CLRTAP faces challenges in addressing transboundary pollution in non-Western countries despite clear evidence that air pollution is harmful to human health and technological developments that enable more accurate tracking of pollutants. In the absence of a model assigning liability for …

Solving Standing Is Simply The Start: Climate Litigation Lessons Learned From The Evolution Of Rights Of Nature, Madeleine L. Kim

Minnesota Journal of International Law, Vols. 28:2 onward (2019-present)

The global climate crisis continues to worsen. The Sixth Synthesis Report issued by the Intergovernmental Panel on Climate Change in 2023 unequivocally stated that “[w]idespread and rapid changes in the atmosphere, ocean, cryosphere and biosphere have occurred” and that “[h]uman-caused climate change is already affecting many weather and climate extremes in every region across the globe.” This report expressly states that climate change has “led to widespread adverse impacts and related losses and damages to nature and people” and that the “projected adverse impacts and related losses and damages from climate change escalate with every increment of global warming." However, …

The Alien Tort Statute And U.S. Extraterritorial Jurisdiction: Legal And Economic Corporate Governance Implications Beyond Al Shimari V. Caci Int'l, Gabriel Richardson

Minnesota Journal of International Law, Vols. 28:2 onward (2019-present)

This note is divided into four overall parts. To continue with the academic dialogue regarding the ATS, the first part (Part I) deals with the historical overview and case law of the ATS, while contrasting the development of extraterritoriality in the United States with that abroad (particularly, Europe). More specifically, the first part is divided into two subparts—Subpart A provides a comprehensive background and historical legal overview of the ATS and Subpart B discusses the international trend, particularly in Europe, in extending legal mechanisms to hold corporations accountable beyond their borders, unlike the United States—which, again, was once at the …

Design Problems, Mark P. Mckenna, Jessica Silbey

Faculty Scholarship

This Essay draws on our empirical research into designers and their work to investigate the limits of intellectual property law for achieving its goal of progress in the design context. We focus on two related aspects of our research and also address a pressing doctrinal question in design patent law. The two research questions we discuss are: (1) How do designers conceive of and solve design problems through innovative design practice?; and (2) How do designers incorporate human values of coherence, inclusivity, and sustainability in their process, imbuing their practice with a kind of politics? The related doctrinal question concerns …

Normalizing Facial Recognition Technology And The End Of Obscurity, Woodrow Hartzog, Evan Selinger, Judy Hyojoo Rhee

Faculty Scholarship

This article argues that facial recognition technology is the most dangerous surveillance tool ever invented. Given the unique threats this morally suspect tool poses to privacy, civil liberties, human flourishing, and democracy, the only appropriate response is a ban. To justify our position, we explain why facial recognition is distinctive among biometrics, clarify how even seemingly benign and positive uses of the technology can trigger dangerous normalization dynamics, and pinpoint why current United States laws (with reverberations in the EU’s AI Act) are designed to accelerate a slippery slope that makes mass surveillance nearly inevitable. Our most fundamental contribution lies …

The Perverse Effects Of Mandatory Judicial Reporting To Bar Authorities Of Ineffective Assistance Of Counsel Determinations, Tigran W. Eldred, David M. Siegel

Faculty Scholarship

California Business & Professions Code § 6086.7(a)(2) provides that a court shall notify the State Bar “[w]henever a modification or reversal of a judgment in a judicial proceeding is based in whole or in part on the misconduct, incompetent representation, or willful misrepresentation of an attorney.” Some California judges now interpret this provision as mandating referral to the State Bar in any case in which a new trial or withdrawal of a plea is granted due to ineffective assistance of counsel. This interpretation directly conflicts with an attorney’s continuing duty to her former client. It is unnecessary and has profoundly …

Why Did Prosecution Strengthen President Trump In The 2024 Election?, Steven Arrigg Koh

Faculty Scholarship

Why did criminal prosecution strengthen President Donald Trump's electoral prospects in the 2024 federal election? It was not supposed to be this way: after President Trump's 2024 New York state conviction, many speculated that President Trump's "felon" status would imperil his political career. In fact, the opposite occurred: federal and state criminal prosecutions reenergized President Trump's 2024 presidential candidacy. Contemporary criminal law theories-traditional individualist, expressivist, and critical-struggle to explain why. 

This Article advances a theory of criminal coalescence to explain why the Trump prosecutions led the former President to political victory. Criminal coalescence is the intensification of mass support for …

Human Rights Risks In Clean Energy Supply Chains: Racial Capitalism, Critical Minerals, And Corporate Responsibility, Erika George

Faculty Scholarship

This paper argues that decarbonization will fail to deliver climate justice unless the transition to clean energy confronts the racialized political economy that has historically structured extractive activity and shaped international economic law. Grounding its analysis in racial capitalism, the paper contends that the growing demand for critical minerals risks reproducing patterns of exploitation, expropriation, and expulsion. Using lithium extraction in Chile as a case study, it shows how colonial legacies, dictator-era neoliberal reforms, and present-day regulatory architectures governing foreign investment and natural resource extraction have prioritized investors over human rights and the environment. Recent decisions of the International Court …

Legislative Speech & Decorum, Sean J. Kealy

Faculty Scholarship

Decorum requires legislators to self-limit their free speech rights as citizens; things that may be said and done in the public square would violate legislative decorum rules. In 2023, two legislatures made headlines by using decorum rules to silence young legislators with minority views. In Tennessee, the House expelled two representatives after they walked into the House well and led protestors in the galleries in several chants demanding the House take up gun control legislation. In Montana, the House excluded a representative from the House Floor after she spoke against a bill to forbid minors access to gender affirming care. …

How Not To Democratize Algorithms, Ngozi Okidegbe

Faculty Scholarship

A growing set of jurisdictions has embraced “consultative algorithmic governance,” the idea that community members, particularly racially and otherwise politically marginalized ones, should be involved in the processes by which state institutions procure, construct, implement, and oversee artificially intelligent algorithms employed in public sector decision-making. Consultative processes range from public hearings that provide communities with an opportunity to comment about anticipated algorithmic use to community advisory boards that help public officials evaluate the impact of current or future algorithmic use.

This Article argues that consultative algorithmic governance is critically flawed and then builds upon this critique to point toward a …

Quantum Technologies For Beyond 5g And 6g Networks: Applications, Opportunities, And Challenges, Engin Zeydan, Chamitha De Alwis, Rabia Khan, Yekta Turk, Abdullah Aydeger, Thippa Reddy Gadekallu, Madhusanka Liyanage

Electrical Engineering and Computer Science Faculty Publications

As the world prepares for the advent of 6G networks, quantum technologies are becoming critical enablers of the next generation of communication systems. This survey paper investigates the convergence of quantum technologies and 6G networks, focusing on their applications, opportunities and challenges. We begin with an examination of the motivations for integrating quantum technologies into 6G, investigating the potential to overcome the limits of classical computing and cryptography. We then highlight key research gaps, particularly in quantum communication, quantum computing integration and security enhancement. A comprehensive overview of quantum technologies relevant to 6G, including quantum communication devices, quantum computing paradigms, …

Analysis Of Cytokine Data In A Case-Control Study Of Me/Cfs, Navya Amaratunga

Electronic Theses & Dissertations (2024 - present)

This study investigated the role of cytokines in Myalgic Encephalomyelitis/Chronic Fatigue Syndrome (ME/CFS), a debilitating multi-system disease with unknown etiology. Using data from a case-control study (60 cases, 61 controls) previously collected by Dr. Roxana Moslehi’s lab, serum levels of 48 cytokines were analyzed. Statistical analyses, including T-tests, Wilcoxon Rank Sum tests, and logistic regression (unadjusted and adjusted for medication use), were performed to identify differences between cases and controls.

Results revealed a statistically significant difference in mean Fractalkine levels between cases and controls (p=0.031). Borderline significant differences were also observed for IL-6 (p=0.046) and MIP-1α (p=0.046). Unadjusted logistic regression …

Fabrication Of Functional Microparticles For Biological Analysis, Justin George

Electronic Theses & Dissertations (2024 - present)

To better advance our knowledge of cellular behavior, development of an organism, and disease mechanisms understanding cellular heterogeneity in the functional proteome is essential. Bulk measurements across a cell population often fail to capture the variations which exist between individual cells, however single cell proteomic technology has increasingly demonstrated the characterization of cellular heterogeneity. A single cell functional proteomics assay needs to be both high-throughput and multiplexed to effectively identify biomarkers and provide a quantitative correlation to better understand the interrelationships within complex protein networks. Janus particles have the ability to be engineered to have good compatibility and stability in …

Diversity, Genomics And Antimicrobial Resistance Of Coagulase-Negative Staphylococcus: A Literature Review, Kathleen Okeefe

Electronic Theses & Dissertations (2024 - present)

Members of the gram-positive bacterial genus Staphylococcus have historically been classified into coagulase-positive Staphylococcus (CoPS) and coagulase-negative Staphylococcus (CoNS). This classification is based on the ability of clotting of plasma by the coagulase enzyme, which converts fibrinogen to fibrin. CoNS species are ubiquitous commensals that frequently colonize the skin and mucosal surfaces. They are also opportunistic pathogens implicated in many human and animal infections. The evolutionary history of CoNS has generally been overlooked because of the historical lack of recognition for their clinical importance and poor taxonomic sampling. They are often perceived as being less or non-pathogenic, especially compared to …

The Association Of Hyperhomocysteinemia (Hhcy) With Cancer Risk: An Updated Systematic Review And Meta-Analysis Of Case-Control Studies (2013-2024), Hajar Heidari

Electronic Theses & Dissertations (2024 - present)

Abstract:

Cancer continues to be one of the leading causes of morbidity and mortality globally, influenced by a complex interplay of genetic, environmental, and nutritional factors. Among these, the metabolism of homocysteine (HCY), a sulfur-containing amino acid derived from dietary methionine, has attracted growing attention due to its involvement in one-carbon metabolism and its potential link to cancer. Elevated HCY levels, a condition known as hyperhomocysteinemia (HHCY), have been shown to disrupt crucial cellular processes such as DNA methylation and promote oxidative stress (OS)—both of which contribute to genomic instability and cancer progression. Disruptions in the folate and methionine cycles, …

The Effects Of Mindfulness On Chronic Pain In Children And Adolescents: A Systematic Review, Sophie Parks

Electronic Theses & Dissertations (2024 - present)

Mindfulness and mindfulness-based interventions have become increasingly popular in recent years. Typically, mindfulness-based interventions and their effects on mental health and/or adult populations have been explored in the literature. Limited research has been completed looking at mindfulness’ impacts on other facets, including chronic pain symptoms. Additionally, some research has been conducted to analyze mindfulness and its effects on school aged children and their day-to-day functioning with promising results. In this systematic literature review, mindfulness interventions and their effects on children and adolescents who experience chronic pain were explored. The Preferred Reporting Items for Systematic Reviews and Meta-Analyses (PRISMA) framework was …

Antibody-Induced Multicellular Behaviors Of Salmonella Typhimurium, Samantha K. Lindberg

Electronic Theses & Dissertations (2024 - present)

Salmonella enterica is a globally distributed bacterial pathogen that is commonly acquired through consumption of contaminated food and water. The enterica subspecies includes over 1500 unique subvariants, or serovars, that are classified by antigen presentation. Due to its global environmental prevalence, broad host range, and increasing pathogenicity, serovar Typhimurium is of particular concern for human and animal health, as well as food safety. Once in the gastrointestinal tract, Salmonella Typhimurium (STm) exploits host immune mechanisms, implements an arsenal of virulence factors, and outcompetes the microbiota to invade the intestinal epithelium. While STm infections are generally self-limiting and relatively mild, emerging …

Symbols Of Sovereignty And How They Speak To Us: Reading Contemporary Wampum Artwork In New York State Museums, Marie Peterson

Electronic Theses & Dissertations (2024 - present)

Contemporary Haudenosaunee artworks in exhibit spaces across New York State are bringing cultural information and counter-historical narratives to the public that they might not encounter otherwise. Artwork that includes wampum depictions or materials has heuristic qualities that can engage viewers with Haudenosaunee ways of knowing and relating. Wampum heuristics and Haudenosaunee scholarship are employed to interrogate how wampum materials were collected, categorized, and researched by the New York State Museum during the salvage anthropology era. The narratives embedded in wampum artworks are traced from this salvage era history, throughout the century between the salvage era that began at the end …

Weaving A Tapestry Of Community Based Child Trafficking Interventions In High-Trafficking Incidence Areas In Ghana, Crispin Mbamba

Electronic Theses & Dissertations (2024 - present)

Background: This dissertation addresses the urgent issue of child trafficking in high-incidence areas of Ghana, where sociocultural, economic, and structural factors sustain and exacerbate this complex social challenge. The rationale for the study is grounded in the need for a holistic understanding of child trafficking beyond traditional justice-based approaches. The research emphasizes the necessity of community-led interventions informed by local cultural norms and protective values that have been largely unexplored in the Ghanaian context. Specifically, this dissertation applies an integrative approach, rooted in the Ubuntu philosophy, to explore community interdependence as a central component of sustainable anti-trafficking interventions.

Methods: …

Cambio De Código Y Fenómenos Léxicos En Tres Generaciones De Hispanohablantes Dominicanos En Nueva Jersey, Rocio Leguisamon Tolentino

Electronic Theses & Dissertations (2024 - present)

En Estados Unidos, el contacto prolongado entre el español y el inglés ha generado diversas situaciones de bilingüismo. Sin embargo, históricamente, la comunidad mexicana en el suroeste del país y la comunidad puertorriqueña en el noroeste han sido las más representadas y, por tanto, las más estudiadas (Poplack 1980; Silva-Corvalán 1994; Torres Cacoullos y Travis, 2015; Rodríguez-Ordóñez et al., 2023). Recientemente, las investigaciones sobre el bilingüismo en la comunidad dominicana han ido cobrando más relevancia, debido al rápido incremento de dominicanos en los Estados Unidos. Investigaciones anteriores han propuesto que los dominicanos muestran una alta lealtad al español, y a …

Effects Of Actualized Language Policy On Ukrainian Stability, 1989-2022, Dawn Hersey

Electronic Theses & Dissertations (2024 - present)

This dissertation seeks to generate a new perspective of the complicated relationship between actualized policy and stability through looking at Ukraine’s language policies and stability in a mixed manner approach that includes both primary and secondary sources. Russia justified its irridentist activities through claiming to protect Russian nationals within Ukraine’s borders: language policies within Ukraine appear to be a trigger for Russian antagonism. Neither Russian irridentism nor Ukrainian nationalism are being considered as right or wrong in this dissertation: the intent is to highlight trends, patterns, and perceptions in alignment with Ukrainian language policy. This dissertation does not present a …

A Study Of Regulatory Compliance In U.S. Nursing Homes, Patrick Schumacher

Electronic Theses & Dissertations (2024 - present)

The federal government is responsible for ensuring that nursing homes comply with regulations designed to protect residents from abuse, neglect, and substandard care. To this end, the Centers for Medicare and Medicaid Services (CMS) partners with states to conduct onsite inspections of nursing homes, during which regulators may identify violations. The agency can take one or more actions in response to violations, including imposing civil money penalties (fines), appointing a state monitor, or mandating remedial education for staff. Despite this regulatory framework, the quality of care in nursing homes remains poor, with many facilities failing to protect the well-being of …

“History Is Within And Around Us:” High School Students Actively Engage The Past In New York City, Alina Lewis

Electronic Theses & Dissertations (2024 - present)

Background/Context: Research on history education in the United States context has focused narrowly on history as a cognitive practice. This body of research assumes that it is difficult for students to “think like historians” (Wineburg, 1999) and is largely focused on advancing a discrete set of historical thinking skills through curricular interventions. Largely ignored in this discourse are the ways in which students engage with the past in out-of-school contexts.

Purpose/Objective: This study examines students’ engagements with history in out-of-school contexts. It is my hope that better understanding and describing how students experience history outside of school spaces will suggest …

Exploring Homeschooling Parents’ Conceptions Of Reading Motivation From A Self-Determination Theoretical Perspective, Harmony Petty

Electronic Theses & Dissertations (2024 - present)

The purpose of this qualitative case study was to explore how homeschooling parents (HPs) conceptualize the role of motivation in early reading development and how these conceptualizations inform how they design and implement their reading instruction. Given the importance of reading motivation for early literacy development, the decline in reading motivation over the early years, the lack of understanding how early literacy instructional practices affect young students’ reading motivation, and the paucity of research regarding home education, the researcher proposed that exploring HPs’ conceptualizations through the use of surveys, interviews, and home observations would allow for the compilation of a …

Towards Human Explainable Digital Forensics: Generating Human Interpretable Evidence For Semantic Understanding In Manipulated Images And Text, Yuwei Chen

Electronic Theses & Dissertations (2024 - present)

Detecting and characterizing manipulations in digital media continues to pose a significant challenge within the field of digital forensics. Despite notable advancements, the discipline often remains in a reactive stance against emerging threats. Current state-of-the-art methods, typically evaluated within academic settings, fails to mirror the complexities of real-world disinformation scenarios. These methods generally prioritize high performance based on quantitative metrics, yet they demonstrate a considerable dependency on training data and lack adaptability to new novel attack signatures. With the rapid evolution of attack methodologies, the dependency on highly accurate models that do not generalize or adapt well to unseen threats …

On The Application Of The Diaconis-Holmes-Neal Sampler To Unimodal Underlying Probabilities, Christopher J. Lange

Electronic Theses & Dissertations (2024 - present)

Upon the introduction of the Metropolis et. al (1953) [6] algorithm, the question of how many steps in the Markov chain were needed to achieve convergence to stationarity became apparent. Eventually it was found that the convergence was rather slow, i.e. for a process on n states the number of steps needed to achieve convergence to stationarity was found to be on the order of n². [8]

The obvious problem with Metropolis et. al (1953) is that the Markov chain is reversible. [6] In other words, for any state j we can move from j to j + …

The Response Of Tropopause Phenomena To Stratospheric Variability: Rossby Wave Breaking And Tropopause Polar Vortices, Cameron R. Paquette

Electronic Theses & Dissertations (2024 - present)

Variability in the high-latitude wintertime stratospheric flow, often referred to as the stratospheric polar vortex, can precede anomalous conditions in tropospheric flow on subseasonal-to-seasonal (S2S) timescales and impact surface weather. The range of stratospheric impacts on tropospheric conditions range from shifts in the North Atlantic storm tracks, formation of cold spells, and development of extreme precipitation. Impacts of stratospheric variability are known to persist for up to 60 days, providing ample windows of opportunity in forecasting on S2S timescales. This dissertation focuses on the stratospheric impacts on tropopause-level processes, such as Rossby wave breaking (RWB) events and tropopause polar vortices …

The Impact Of A Creativity-Focused Course Design On The Development Of Pedagogical Creativity In Preservice Teachers, Joanna M. Weld

Electronic Theses & Dissertations (2024 - present)

Current preservice teachers have been apprenticed within an educational system that favors standardization which has limited their experiences with creative teaching and learning. The field of teacher education is currently lacking in frameworks to support the creative development of preservice teachers. The aim of this practitioner research, multiple-case study was to examine the impact of a creativity-focused course design on the beliefs of preservice teachers enrolled in a Secondary English Methods course in regards to the nature of creativity, the role of creativity in teaching and learning, their personal creative strengths and weaknesses, and creativity in lesson planning. Data was …

Epitaxial Quantum Dot Scintillators With Monolithic Photodetector Integration: Physics, Fabrication And Characterization Of Materials And Devices, Allan Oreave Minns

Electronic Theses & Dissertations (2024 - present)

This dissertation discloses the physics, fabrication, and characterization of high-performance scintillator detectors based on epitaxial InAs quantum dots (QDs) in GaAs. The detector crystals grown include monolithically integrated In_0.35GaAs photodetectors with Al_0.92-0.6In_0.03-0.35Ga_0.05As metamorphic buffer layers (MBL). A device fabrication process was developed for the lithographic patterning, chemical etching, contact metallization and readout integration of materials grown by means of molecular beam epitaxy (MBE) on 3-inch GaAs (001) wafers. Low capacitance integration with readout electronics was achieved through wire bonds to custom printed circuit boards (PCBs) with commercial components.

The relationship between device …