Digital Commons Network^™

Doubting Thomas And Questioning Stare Decisis Under The Roberts Court, Wilfred U. Codrington Iii

Articles

The article critically examines the erosion of stare decisis under the Roberts Court, highlighting concerns about the Supreme Court's increasing willingness to overturn established precedents. While acknowledging the importance of stare decisis in maintaining stability and equality, the author argues that its practical value is being undermined by ideological polarization and a departure from traditional legal reasoning. The article questions the Court's recent approach to precedent, particularly in cases like Dobbs v. Jackson Women's Health Organization and Students for Fair Admissions v. Harvard, and critiques the conservative majority's aggressive use of judicial power.

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 …

Subordinate Prosecutors’ Independence, Bruce A. Green, Jessica A. Roth

Articles

This essay is about subordinate prosecutors’ independence to do what they think constitutes “seeking justice” when they perceive that their boss, or their boss’s boss, wants them to do something that is unjust—not illegal, but unjust. Of course, if subordinate prosecutors want to do either what they are told to do or what they infer that a higher-up wants them to do, they can do so, as long as the conduct is legal. Subordinate prosecutors might choose to disregard their own professional judgment of what justice requires because they share their boss’s objectives, because they see conforming as a route …

Preface, Prianka Nair, Saskia Valencia

Articles

No abstract provided.

Law, Conflict, And Hybrid Warfare: A Teaching Imperative For A Changing World, Cynthia Alkon, Andrea K. Schneider

Articles

Lawyers increasingly find themselves at the frontlines of the battlefield, just not in the traditional sense. Hybrid warfare is a conflict form that combines traditional military offensive measures with nontraditional methods, including the harnessing of legal systems to achieve strategic goals. Lawyers have always been at the frontline of typical legal risk assessment, thinking about a client's risk of liability or regulation costs generally. Now, lawyers must stand at the ready for a lot more: lawyers must be prepared for cyber-attacks, disinformation campaigns using artificial intelligence, the use of court systems to suppress reporting or shield bad actors, and so …

Protein Ingestion And High-Intensity Resistance Training Decrease Respiratory Exchange Ratio Following Exercise In Females Across Various Body Compositions., Lynnsey Bowling

Dissertations

Metabolic dysfunction is associated with excess adipose tissue and interventions to elicit improvements to body composition could combat these health consequences. Acute nutritional and exercise strategies have the potential to shift metabolic processes toward those favoring fat oxidation. The purpose of this study was to investigate the effects of high-intensity resistance training (HIRT) and pre-exercise protein (PRO) ingestion on post-exercise respiratory exchange ratio (RER) in lean (LN) and overweight (OW) females. Twenty recreationally-active females (LN: n =10; OW: n = 10) completed two experimental sessions, consisting of HIRT and two acute nutritional interventions: PRO and placebo (PLA). RER was analyzed …

Astaxanthin Supplementation Does Not Significantly Alter Cognitive Performance Following Mental Fatigue In Females, Gavin A. Barker

Dissertations

Mental fatigue (MF) is a psychobiological state caused by prolonged periods of demanding cognitive activity, often characterized by impairments to cognitive performance. Astaxanthin (AX) is a naturally occurring antioxidant that can cross the blood-brain barrier and may preserve cognition when presented with a MF challenge. As yet, no studies have yet been conducted in an all-female cohort. This is the first study to investigate 4-weeks of AX supplementation on markers of cognitive performance (reaction time (RT), speed, and responses correct per second (RCS), visual analog scale of mental exertion (VAS-E)) following acute MF. Twenty-five recreationally active female subjects (AX: n …

The Impact Of University Engagement On Psychosocial Factors Among Division I Female Student-Athletes, Ashley A. Cook

Dissertations

Background: Female student-athletes navigate unique psychosocial challenges balancing academics and athletics, yet limited research has explored the impact of university engagement on their social and emotional well-being. This study examines the impact of university engagement on sense of social fit (SSF), nonspecific psychological distress (NPD), and loneliness among Division I female student-athletes.

Method: A cross-sectional survey was conducted among female student-athletes (n = 111) from eight sports at a mid-sized NCAA Division I university in the Southern U.S. Participants completed validated measures using the SSF scale, UCLA Loneliness scale, and Kessler-6 Psychological Distress scale. An exploratory factor analysis was performed …

Comparison Of Post-Exercise Lipid Oxidation Rates Between Lower And 1 Upper-Body Resistance Training In Well-Trained Females, Alyssa L. Parten

Dissertations

INTRODUCTION: Lipid oxidation (LOx) is a relevant physiological process linked to metabolic health. Despite growing interest in resistance training (RT) as a means to influence substrate utilization LOx responses in females remain poorly characterized, with no study examining whether lower- and upper body RT elicits different LOx patterns during the recovery period following exercise. This distinction may  be relevant because lower-body exercises involves greater fat-free mass (FFM) and energy expenditure,  whereas upper-body exercises recruit less FFM, potentially influencing metabolic effects.

PURPOSE: To  determine if LOx rates after exercise differ between lower- and upper-body RT in well-trained females.

METHODS: Twenty-two females …

Menstrual Cycle Phase Exerts No Influence On Running Economy Parameters In Recreational Female Runners, Savanna K. Knight

Dissertations

Hormonal fluctuations that occur throughout the menstrual cycle (MC) have been shown to affect substrate utilization and oxygen uptake when running. These MC induced changes could manifest as altered running economy (RE) when expressed as energy cost (Ec) and oxygen cost (O2c). Therefore, the current study aimed to determine if RE differs between MC phases, the early follicular phase (E-FP) and the mid-luteal phase (M-LP). Twelve eumenorrheic female recreational runners (ages 25 ± 4y; VO2peak 40.9±4.6 ml/kg/min) completed submaximal RE bouts (60%, 70%, 80% of VO2peak) during the E-FP and M-LP. During each bout, oxygen consumption (VO2), respiratory exchange ratio …

Intuitions In Tort Law And Theory, James A. Macleod

Articles

This Essay highlights the many ways that ordinary conceptual and moral intuitions shape the development of tort law. It further argues that, for a range of doctrinal and institutional reasons, such intuitions deserve a central place in tort theorists’ efforts to explain, predict, justify, and reform the law of torts. Finally, given the stakes for both positive and normative tort theory, the Essay emphasizes the need for more systematic empirical research into the content and operation of people’s tort-relevant intuitions.

Characterization Of Bacterial And Fungal Populations In Retail Kefirs In Ireland, Léon Maughan, Leonard Koolman, Guerrino Macori, Christina Killian, Séamus Fanning, Paul Whyte, Declan Bolton

Research Outputs: 2025-Present

No abstract provided.

Associations Between Internal And External Training Load Measures And Neuromuscular Performance In Elite Soccer Players, James J. Collins, Shane Malone, Kieran Collins

Research Outputs: 2025-Present

The study investigates the relationship between internal and external training load and neuromuscular performance in elite soccer players. Twenty-eight professional players from a squad across a season participated. Players performed a countermovement jump as a measure of neuromuscular performance, with tests conducted the day before a game. Training load data were aggregated over 7-, 14-, and 28-day periods to assess their relationship with performance metrics, including reactive strength index modified (RSI-mod), time to take off, and jump height. Internal load was measured using session ratings of perceived exertion, while external load was analyzed with 10 Hz GPS units. External load …

Ward 5 Asset Mapping Report, Molly Schnoke, Kristen A. Blazek, Jack Yochum, Erika Shinn

All Maxine Goodman Levin School of Urban Affairs Publications

The Center for Economic Development at the Levin College of Public Affairs and Education, Cleveland State University was contracted by Cleveland City Councilperson Richard Starr to provide an accounting of assets and strengths in Cleveland’s Ward 5. The research team conducted interviews with stakeholders throughout the Ward, spoke to residents at community meetings, and conducted a survey of residents to better understand what challenges and opportunities residents and stakeholders felt were important for consideration in the planning of new projects and programs, support for existing services, and to provide guidance to the Councilperson for resource and funding considerations. This work …

Mapping Oral Medicine (Stomatology) & Oral And Maxillofacial Pathology International Organizations: A Scoping Review Of Global Data And Historical Analysis, Alessandro Villa

All Publications

Background: Glioblastoma (GBM) is an aggressive form of brain cancer in which treatment is associated with toxicities that can result in therapy discontinuation or death. This analysis investigated clinical and genetic markers of vascular toxicities in GBM patients during active treatment.

Methods: In total, 591 non-Hispanic White GBM patients with clinical data were included in the analysis from NRG RTOG-0825. Genome-wide association studies (GWAS) were performed from genotyped blood samples (N = 367) by occurrence of thrombosis or hypertension (grade ≥ 2). A clinical prediction model was produced for each vascular toxicity. Significant GWAS variants were then added to the …

The Abuse Of Neutrality, Rebecca Ingber

Articles

Neutrality law is a musty and obsolete body of international law that nevertheless rears its creaky head now and again in dangerous ways, most recently in the Russia-Ukraine conflict. The law of neutrality is a study in contradictions. It is obsolete yet remains on the books in treaties and military manuals. It purports to keep the peace and protect non-warring states yet today is invoked to expand conflict and protect aggressors. The legal benefits of neutrality have been entirely overtaken by other regimes. And yet neutrality law has not lost its luster despite losing its value. Instead of letting it …

The Immigration Subpoena Power, Lindsay Nash

Articles

For over a century, the federal government has wielded the immigration subpoena power in darkness, forcing private individuals, subfederal governments, and others to help it detain and deport. This vast administrative power has remained opaque even to those who receive these subpoenas and invisible to those it affects most. Indeed, the very people targeted by these subpoenas often don’t know they exist, much less how they facilitate arrest and deportation. For these reasons—and more—this power has escaped the legal battles raging over other immigration enforcement tactics and the scrutiny of journalists, scholars, and courts. Thus, as state- and locality-held information …

Undo Process: Examining Agency Procedural Levers To Access To Counsel, Haiyun Damon-Feng

Articles

Every day, through internal adjudicative proceedings, agencies make thousands of rights determinations that affect critical matters such as financial security, family unity, personal safety, and individual liberty. Scholars and policymakers have recognized the significant impact that representation can have on adjudicative outcomes across the administrative state. Many agencies have implemented policies affirmatively seeking to boost an individual's ability to bring an advocate to assist with the adjudication process. In the immigration context, however, agencies have enacted procedural hurdles that have made it more difficult for individuals to reap the benefits of this assistance.

This Essay uses recent developments in the …

Rectifying The Rome Statute And Draft Articles On Prevention And Punishment Of Crimes Against Humanity To Include The Slave Trade, Jocelyn Getgen Kestenbaum

Articles

The slave trade is commonly misperceived as a historical crime. Yet, the scourge of the slave trade is present throughout the world today. Combatting these ongoing atrocity crimes is essential to ensure that human rights are upheld by the international community. The crime of the slave trade fills an impunity gap, especially in light of recentharms perpetuated by the Islamic State of Iraq and Syria (ISIS) against the Yazidi in Iraq. Revitalization of the conceptualization of the slave trade as a crime under international law might ensure greater enforcement of one of the oldest core international crimes. Critical proposed amendments …

Coopting Disruption, Mark A. Lemley, Matthew Wansley

Articles

Our economy is dominated by five aging tech giants – Alphabet, Amazon, Apple, Meta, and Microsoft. In the last twenty years, no company has commercialized a new technology in a way that threatens them. Why?

We argue that the tech giants have learned how to coopt disruption. They identify potentially disruptive technologies, use their money to influence the startups developing them, strategically dole out access to the resources the startups need to grow, and seek regulation that makes it harder for the startups to compete. When a threat emerges, they buy it off. And after they acquire a startup, they …

Towards The Faa's Next Century: Clarifying Disclosure Requirements In Arbitration, Andrea K. Schneider, Brian Farkas

Articles

This essay provides a roadmap to the current landscape of neutrality and disclosure. It then suggests three possible reforms to the FAA that would provide better guidance to arbitrators, parties, and courts. Moreover, this essay argues that if the FAA cannot be sufficiently amended, states should take the lead. States can continue to more clearly outline disclosure requirements and enforce clearer standards than the current version of the FAA.

New York Environmental Legislation In 2024, Michael B. Gerrard

Faculty Scholarship

In 2024, New York State enacted several laws aimed either at dealing with the adverse impacts of climate change such as extreme heat and increasingl severe and frequent storms or at helping to mitigate greenhouse gas emissions to avoid or minimize the adverse impacts. The final bill signed by Governor Kathy Hochul in 2024 was the most high-profile of these laws — the Climate Change Superfund Act, which will require fossil fuel companies to pay for adaptation measures.

Other new laws last year related to extreme heat in schools and prisons, food waste, expanded polystyrene containers, community gardens, and native …

In Search Of A State, Maeve Glass

Faculty Scholarship

This article offers a legal history of one of America’s earliest campaigns of state legislative resistance: the effort in Massachusetts to protest the national government’s perceived dismantling of an old Atlantic commercial order from 1803 to 1815. To date, scholars have either condemned this protest as a dangerous harbinger of the Civil War or vindicated it as an inevitable and salutary extension of the Founding. This article steers a different course. By focusing on the evolving language of protest and the complex hybrid of ideas and material realities from which this language emerged, this article illuminates how Federalist leaders who …

Inventory Of Transcripts Of Council Meetings, Annual Meetings, Committee Reports And Speeches, 1886-2021, American Institute Of Certified Public Accountants. Library

Association Sections, Divisions, Boards, Teams

No abstract provided.

Navigating Challenges In Teacher Preparation: Case Studies In Practice And Innovation, Kathleen M. Randolph

Journal of Case Learning & Exceptional Learners

No abstract provided.

Willa And Nicole: An Observational Case On Preparing Future Special Educators To Adapt To And Thrive In Diverse Communities, Tiara S. Brown, Benjamin Riden

Journal of Case Learning & Exceptional Learners

As teacher educators prepare preservice teachers for careers in a wide range of geographic and political contexts, they face the challenge of equipping students with the knowledge and skills needed to succeed in diverse classrooms across the United States. Future special educators may be entering school systems that are influenced by varying political climates and policies, ranging from more progressive regions to those with more conservative approaches to education. This observation-based case examines two preservice teachers from diverse backgrounds and explores their perceptions on pressing educational issues and feelings about their preparation program. It also discusses how teacher preparation programs …

A Tale Of Two Educators: An Observational Case Study, Victoria Vanuitert, Lauren Zepp, Jennifer Malone, Stacy Mcguire, Alexandra Newson, Gwendolyn K. Deger, Shannon Core

Journal of Case Learning & Exceptional Learners

Increasing numbers of disabled and neurodivergent students are enrolling in postsecondary institutions, including teacher preparation programs. Although teacher educators strive to prepare their students to use strategies and provide support effectively in their future classrooms, many of these educators need tools to offer comparable services to disabled and neurodivergent preservice teachers. Specifically, disabled and neurodivergent preservice teachers have reported barriers to disclosing their disabilities and receiving access to needed accommodations. Instead, they report feeling scrutinized as to whether they are capable of being teachers due to their disability. These experiences seem to be especially pronounced during their teaching placement, and …

Bridging Theory And Practice: The Power Of A Mathematics Clinic In Teacher Preparation, Kelly A. Clark, Chrystal O. Dean, Josie Barnes, Hadley Seifert, Lauren Young

Journal of Case Learning & Exceptional Learners

The Council for Exceptional Children (CEC) and the National Council on Teaching Mathematics (NCTM) released a joint statement on the importance of preparing special education teachers to teach mathematics (NCTM & CEC, 2024). They provided implications for institutions of higher education with teacher preparation programs, one of which included requiring special education majors to take a minimum of one mathematics course with mathematics content directed specifically to PK-12 mathematics and include field-based learning opportunities within that course. Powell (2015) indicated that effective preparation in mathematics related to special education should include multiple facets, including planned field experiences. Planned field experiences …

Partnering With Comprehensive Transition Programs To Increase Preservice Teacher Internship Opportunities, Kelly B. Kearney, Brianna J. Miller, Kaley Adams

Journal of Case Learning & Exceptional Learners

This case study examines collaborative partnerships between comprehensive transition programs and special education departments. It highlights the value of preservice teacher internship placements, which offer critical opportunities for interns to observe experienced educators demonstrate essential skills for student success. Through these placements, preservice teachers gain exposure to innovative teaching methods and adaptive technologies commonly used in comprehensive transition programs, broadening their toolkits for supporting students of all ages with of varying exceptionalities. By cultivating partnerships between comprehensive transition programs and special education departments, preservice teachers gain access to strong role models, enhancing professional growth and preparing them for successful careers. …

Unique Challenges Of Small Special Educator Preparation Program Faculty At Hbcus, Priscilla Spencer, Rachel Juergensen

Journal of Case Learning & Exceptional Learners

Evolving special educator preparation programs face distinct challenges that impact faculty and influence the quality of the programs for preservice teachers. This unique challenge case study is designed to describe the experiences of two special educator preparation faculty members serving at Historically Black Universities with small, evolving special educator preparation programs. This paper discusses challenges such as mentorship, course loads, resources, service to the community, and collaboration that these faculty members face and the methods that have been developed to moderate these challenges. This case also highlights the value of acknowledging challenges that exist in small special educator preparation programs …