Digital Commons Network^™

The Specter Of Jury Nullification, Anna Offit

Faculty Publications

Attention to the trial of Luigi Mangione has renewed debate about nullification—the jury’s inviolate power to acquit a defendant contrary to the evidence presented. Jury nullification proponents hold that it is a mechanism of last resort for refusing to apply laws that conflict with the public conscience. Opponents, by contrast, argue that nullification undermines the law by diminishing its legitimacy. To prosecutors and defense attorneys, however, these arguments are immaterial: Jury nullification is part of the institutional landscape of the contemporary jury trial and thus must be treated as a potentiality—a feature of the agnostic, strategic, and ethical terrain of …

Independence Of Spectral Contrast Effects Across Different Frequency Regions In Speech Perception, Christian E. Stilp, Matthew B. Winn

Speech Pathology and Audiology Faculty Research and Publications

Identification of speech sounds is influenced by spectral contrast effects (SCEs), the perceptual magnification of spectral differences between successive sounds. SCEs result in the categorization of a target sound being biased away from spectral properties in the preceding acoustic context. Given remarkable consistency in the magnitudes of these contrast effects within the same frequency region, it was hypothesized that they would also show stable relationships across different frequency regions. In this study, normal-hearing listeners’ phoneme categorization and contrast effects were assessed where phonetic contrasts were driven by changes in low-frequency F₁ (“big”-“beg” continuum), mid-frequency F₃ (“dot”-“got”), or high-frequency …

Faculty Senate Monthly Packet May 2026, Portland State University Faculty Senate

Faculty Senate Monthly Packets

The May 2026 monthly packet includes the agenda, appendices, and the Faculty Senate minutes and attachments given in the meeting held May 4, 2026.

The Trump Administration’S Racial Dragnet: Immigration Enforcement In Los Angeles, Kevin R. Johnson

SMU Law Review

President Trump’s mass deportation campaign selected as one of its early targets Los Angeles, California, and its large Latina/o community. Comprising roughly half of the city’s population, Latina/os are being stopped, questioned, and rounded up by roving Immigration and Customs Enforcement (ICE) patrols. A legal challenge claimed that the patrols are engaging in unlawful racial profiling on a mass scale. The litigation responds to the widespread belief among Latina/os that the Trump Administration is unduly, if not exclusively, relying on race in targeting people for questioning about their immigration status.

For years, courts and political leaders have roundly condemned racial …

The New Assault On Plyler V. Doe, Cori Alonso-Yoder, Gabriel Sanchez

SMU Law Review

The second Trump Administration has disregarded a history of bipartisan support in avoiding immigration enforcement actions in schools. Certain states have acted to further target children at school—advancing measures to exclude many from public education based on immigration status. While the Supreme Court in Plyler v. Doe affirmed the state and national interests in educating students regardless of status, the Heritage Foundation has called on states to pass legislation to overturn that decades-old precedent. While no state has yet adopted these measures, many states have tried, marking a new attack on the precedent in Plyler.

This Article builds on …

Managing Deportation: How Docket Control Replaced Substantive Relief In Immigration Courts, R. Linus Chan

SMU Law Review

In the modern deportation era, immigration courts saw their ability to grant relief from deportation undergo significant restrictions, constraining individualized discretion in favor of "categorical" denials. Congress dramatically curtailed the discretionary tools available to immigration judges, with the latest being the pair of immigration reforms from 1996, shifting the locus of individualized decision-making away from the courts and toward enforcement officers and prosecutors. Immigration courts lost discretion in being able to decide who could formally be granted status and stay in the United States when facing deportation through various restrictive eligibility requirements written into the law.

This Article argues that …

Fda After Loper Bright, Erika Lietzan

SMU Law Review

Loper Bright Enterprises v. Raimondo, which overruled the Chevron, U.S.A. v. Natural Resources Defense Council decision from 1984, tells us that a court should determine the meaning of all statutory provisions for itself, rather than deferring to the views of the federal agencies that implement those provisions. But the overruling of Chevron may have less of an impact on the U.S. Food and Drug Administration (FDA) than conventional wisdom supposes. Most challenges to FDA action do not concern its statutory interpretations. And the agency prevailed in most cases involving statutory interpretation before the Chevron doctrine took hold. After 1984, …

The Pregnancy Draft, Meghan M. Boone

SMU Law Review

By severely limiting or outright banning abortion, states are requiring pregnant people to perform reproductive labor in the service of the state’s own interests. Unwilling pregnant people are compelled, through the force of law, to continue their pregnancies—to perform a task that is difficult, dangerous, and fundamentally alters their life’s course. The state justifies overcoming the pregnant person’s unwillingness by prioritizing its own interests in the continuation of the pregnancy—articulated at various times as an interest in potential life, the protection of health or the integrity of the medical profession, or the prevention of discrimination.

There is only one other …

Mission-Focused Multidisciplinary Design Optimization Of Tilt-Rotor Evtol Propulsion System, Tyler Critchfield, Andrew Ning

Faculty Publications

Tilt-rotor propulsion system design requires a multidisciplinary approach to tackle important challenges and competing tradeoffs between disciplines. In this paper, we model rotor aerodynamics, blade structures, vehicle drag, electric propulsion, and tonal/broadband acoustics for a tilt-rotor, electric vertical takeoff and landing aircraft using low-to-mid fidelity tools. We use gradient-based design optimization with automatic differentiation and parameter sensitivity analyses to explore the design space and complex tradeoffs of tilt-rotor distributed electric propulsion systems, exploring effects of variations in payload/empty weight, battery specific energy, and blade tip speed. This framework models multiple operating points with a mission-focused objective to account for the …

Founding Mothers: The Nineteenth Amendment’S Place In Originalist Due Process Analysis, Tracy Turner

American University Journal of Gender, Social Policy & the Law

[INTRODUCTION] During a public speech in 1856, Sojourner Truth is described as stating: “I have had two husbands yet I never possessed one of my own. I have had five children and never could take any one of them up and say “my child” or “my children . . .” One of Truth’s two husbands was an older enslaved man, forced upon her for the purpose of providing new victims of slavery. The second husband may have been a man she considered to be her real husband but was never allowed to marry. By law, Truth’s children belonged entirely to …

Civil Rights In Theory, Health Disparities In Practice: Affordable Care Act Section 1557 And The Maternal Mortality Crisis, Grace Hall

American University Journal of Gender, Social Policy & the Law

[INTRODUCTION] On a hot Fourth of July in 2021, Harmony Ball-Stribling spent her final day laughing with her husband, hours before preeclampsia killed her. Harmony was eight months pregnant and living in Belzoni, Mississippi, where she celebrated the holiday with her church congregation. Her congregation prayed over her and her baby for a safe delivery, as she was scheduled to have a cesarean section in five days.

Later that evening, Harmony woke in agony, vomited, and complained of chest pain to her husband, Mr. Stribling. Harmony’s husband put his wifein their car and began the more than thirty-mile drive to …

The Ambiguity That Isn’T: Why Same-Sex Marriage Is Legal In American Samoa, Dante Cade Harootunian, Sammi Lawrence

American University Journal of Gender, Social Policy & the Law

After the U.S. Supreme Court ruled in Obergefell v. Hodges that prohibitions on same-sex marriage violate the equal protection guarantees of the U.S. Constitution, several government officials in American Samoa issued statements claiming that the decision had no effect in American Samoa, and, to date, no same-sex couples have

applied for a marriage license in the territory. This Article analyzes the Obergefell decision in light of other federal and territorial court decisions that determined the applicability of constitutional rights to U.S. territories and concludes that, despite the statements of local officials, the Obergefell decision applies in American Samoa, and the …

Town Of Bradford, New Hampshire Annual Reports Of The Town For The Year Ending December 31, 2025, Bradford Town Representatives

Bradford, NH Annual Reports

This is an annual report containing vital statistics for a town/city in the state of New Hampshire.

Medicaid's Broken Promise To Children, Jerron R. Wheeler

Faculty Articles

In the United States, poor children's access to necessary healthcare is determined more by geography than medical need. This variation is not the result of thoughtful local tailoring but of excessive state autonomy and passive federal oversight. The result is a fragmented and unequal system that obscures accountability and fails the Nation's most vulnerable children.

Building on scholarship showing how decentralized implementation of federal social programs can erode America's social safety net, this Article examines how one of Congress's most ambitious entitlements for children-Medicaid's Early and Periodic Screening, Diagnostic and Treatment (EPSDT) benefit has been quietly undermined. In light of …

It Takes A Village (To Raise Children’S Privacy), Mason R. Clark

Faculty Articles

Raising children is an expensive and (mostly) rewarding commitment. Many parents, guardians, and caregivers are willing to invest in indestructible car seats, private schools, and organic, farm-fresh, wholegrain, low-sugar, dye-free, naturally flavored foods. Is it reasonable to ask them to invest in children’s privacy? Surely companies can’t expect parents to stand guard at the edge of a digital playground they never built and never (knowingly) agreed to let their children enter.

The digital age has profoundly reshaped children’s privacy. It is hard to imagine listening to a podcast or scrolling on a social media platform without being bombarded by reports, …

The Pittsburg Micropolitan Area Economic Report, Quarter 3, 2026, Pittsburg State University

Pittsburg Micropolitan Reports

The Pittsburg Micropolitan Area Economic Report is created by the Business and Economic Research Center (BERC) at Pittsburg State University.

Acute Correction Of Acquired Genu Valgum Secondary To Post-Traumatic Growth Arrest At The Time Of Distal Femur Fracture., Josiah Wolf, Nicholas Pelz, Adam Mansour, Christopher Iobst, Allen Kadado

Surgery Articles

A 14-year-old male patient sustained a distal femur fracture after a ground-level fall. His history was notable for severe acquired genu valgum secondary to a childhood lawnmower accident, which had required multiple limb salvage procedures including a Syme amputation and soft-tissue skin grafting. Acute correction of the limb deformity was performed concurrently with fracture fixation using a retrograde intramedullary nail and poller blocking screws. Retrograde intramedullary nailing represents a viable treatment option for simultaneous acute correction of acquired genu valgum and stabilization of distal femur fractures.

The Ethics Of Dental Insurance Submission And Adjudication, Robert Rosenthal Dds

Journal of the American College of Dentists

Dental insurance claims sit at the intersection of professional ethics, contract administration, and regulatory oversight. This article argues that claim submission and payer adjudication should be treated as ethical practices grounded in truthfulness, fair use of shared resources, and respect for patient autonomy. Common failure modes range from misunderstandings of benefit provisions to intentional misrepresentations of diagnosis, procedure coding, dates of service, or supporting narratives. Because payer communications and attachments become part of the claim file, inaccuracies may create downstream harm, including patient financial confusion, audit exposure, recoupment, network consequences, and professional discipline. This article offers practical guidance to help …

System Disparities: Racial Criminalization And The Risk Of Coerced And False Confessions In Youth, Cynthia J. Najdowski

Psychology Faculty Scholarship

Black youth may be even more vulnerable than other youth to admitting to crimes they did not commit in the context of police interrogations. In support, analysis of data from the National Registry of Exonerations indicates that 65% of people who were wrongfully convicted on the basis of false confessions they gave when under 18 years old are Black, whereas only 14% of the U.S. population is Black. In this chapter, I seek to understand the overrepresentation of Black youth in samples of juvenile false confessors by examining the cultural stereotype about Black criminality in relation to both investigators and …

How Ip Ends, David Fagundes, Aaron Perzanowski

Faculty Articles

Real and personal property may last forever, but intellectual property (IP) ends. Despite the doctrinal complexity and practical significance of the mechanisms that terminate IP rights, scholarship has scarcely focused on them, and none has analyzed these doctrines as a unified field. As a result, the discourse about the ways IP ends remains impoverished, with courts, legislatures, and commentators offering imprecise and inconsistent formulations that obscure the rationales for these doctrines. This Article offers the first comprehensive taxonomy of IP’s terminal mechanisms, providing much-needed conceptual and definitional coherence. It then reveals the underappreciated policy leverage these mechanisms can deliver and …

Supporting Comparative Studies Of Judicial Behavior: Introducing The Australian High Court Database, Patrick Leslie, Zoë Robinson, Russell Smyth, Tonja Jacobi

Faculty Articles

Comparative research on law and legal institutions depends on high-quality data infrastructure. This article introduces the Australian High Court Database—a new resource that encodes structured information on all full judgments of the High Court of Australia between 1995 and 2020, and all leave applications (Australia’s equivalent to petitions for certiorari) from 2003 to 2018. The database is built in accordance with core principles that support comparative research: it is adaptable, and comparable. By attending to jurisdictional specificity while adhering to general standards, the database supports both within-country analysis and cross-national comparison. We illustrate how the Australian High Court Database can …

True Threats, Public Safety, And Free Speech: An Empirical Analysis Of Counterman's Consequences, Jordan Birnholtz, Matthew B. Kugler

Journal of Criminal Law and Criminology

Many scholars expected the Supreme Court’s Counterman decision to significantly reshape true threat law, undermining public safety while expanding protections for caustic political speech. Counterman required that a speaker consciously disregard a substantial risk that their communications would be viewed as threatening violence to give rise to liability. This created a concern that it would be difficult to convict harassers and stalkers who were, or claimed to be, delusional, and thus unaware of their speech’s likely impact. Scholars also feared the invalidation of some stalking and harassment statutes and increased difficulty in obtaining protective orders, which play a major role …

An Upside Of Originalism? Jury Size, Meghan J. Ryan

Journal of Criminal Law and Criminology

Originalists have taken over the Supreme Court, and many commentators are up in arms. This historical approach to constitutional interpretation can entrench historical biases, result in what many view as unjust decisions, and even cloak politically motivated opinions. But entirely rejecting a historical approach to constitutional interpretation overlooks what can be an upside of originalism: Because of our country’s unique history of being founded by British rebels, some practices from the time of the Founding—such as recognizing a strong jury right—advantage criminal defendants. Thus, employing a historical approach such as originalism in assessing the scope of constitutional protections can actually …

Revisiting Robinson: How Courts Can Preserve The Status Crimes Doctrine After Grants Pass, Sabina Idriz

Journal of Criminal Law and Criminology

Prior to the Supreme Court’s 2024 decision in City of Grants Pass v. Johnson, legal advocates for the homeless used the status crimes doctrine to successfully argue in multiple cases that anti-homeless laws, which punish life-sustaining acts such as sleeping, camping, or eating in public, are unconstitutional. Under the status crimes doctrine, which comes from the Supreme Court’s 1962 interpretation of the Eighth Amendment’s Cruel and Unusual Punishment Clause in Robinson v. California, it is unconstitutional to punish individuals for having a status they may have contracted innocently or involuntarily. The Robinson Court struck down a law criminalizing …

Uncharted Waters: Addressing The Shortcomings Of Criminal Liability Under The Clean Water Act By Charging Water Polluters With Assault, Abigail English

Journal of Criminal Law and Criminology

Water pollution incidents pose both acute and long-term risks to human health, yet the Clean Water Act (CWA) ineffectively holds water polluters accountable. By defining criminal violations in terms of technical breaches of the statute, the CWA’s criminal provisions are vulnerable to narrow judicial interpretations, leaving many environmental crimes unpunished. Furthermore, the Environmental Protection Agency (EPA) rarely pursues criminal charges under the CWA, relying instead on civil fines, which fail to impose meaningful consequences. This underinclusiveness and under-utilization allows many polluters to evade serious penalties. Even when pollution incidents are covered by the CWA and the EPA pursues prosecution, the …

The Impacts Of Wing-Flashing By Northern Mockingbirds On Foraging, Parental Care, And Reproductive Success, Anna R. Starman

Undergraduate Honors Theses

Foraging efficiency may be enhanced by flashing patches of white wing and tail feathers and has been documented in several avian species. Northern Mockingbirds (Mimus polyglottos, NOMO) exhibit this “wing-flashing” (WF) behavior while foraging, during displays, and in response to predators. In NOMOs, WF has been hypothesized to increase foraging success, but previous findings are inconclusive. To further investigate the biological role(s) of WF behavior in NOMOs, the ventral surface of white primary feathers of male NOMOs were artificially darkened, and the foraging and provisioning rates of undarkened (control) males and their mates were compared. While foraging, undarkened …

A Chandra View Of Spt-Cl J0217–5014: A Massive Galaxy Cluster At A Cosmic Intersection At Z = 0.53, Dan Hu, Shida Fan, Zhongsheng Yuan, Junjie Mao, Norbert Werner, Yuanyuan Su, François Mernier, Yuanyuan Zhao, Liyi Gu, Haiguang Xu

Physics and Astronomy Faculty Publications

Context. Galaxy clusters trace the densest regions of the cosmic web and are crucial laboratories for studying the thermodynamic and chemical evolution of the intracluster medium (ICM). The massive galaxy cluster SPT-CL J0217−5014 (z ∼ 0.53; M₅₀₀ ∼ 3 × 10¹⁴ M_⊙) is one of the Swift X-Ray Telescope serendipitous galaxy clusters with the highest reported Fe abundance (∼1.3 ± 0.4 Z_⊙ within ∼ 1_.^′7) and a potentially disturbed morphology.

Aims. SPT-CL J0217−5014 presents an intriguing opportunity to investigate ICM chemical enrichment and cool-core survival. With this study, we aim to …

Energy Levels Of Multiscale Bound States From Qed Energy-Momentum Trace, Michael I. Eides, Vladimir A. Yerokhin

Physics and Astronomy Faculty Publications

Energy levels of quantum electrodynamics (QED) bound states, which depend on a number of independent mass parameters, can be calculated as matrix elements of the QED energy-momentum tensor trace. As an example of such system we consider muonic hydrogen. The leading one-loop corrections to its energy levels depend on the electron and muon masses. These corrections are calculated as matrix elements of the energy-momentum tensor trace. Respective one-loop trace diagrams are different from the standard Lamb shift diagrams. We explain analytically and diagrammatically why two different sets of diagrams lead to the same results. Similar relationships should also hold beyond …

Fe Xviii–Xxiv Kβ Inner-Shell Absorption Lines In The X-Ray Spectra Of Neutron Star And Black Hole Binaries With Xrism, Masahiro Tsujimoto, Daiki Miura, Hiroya Yamaguchi, Ehud Behar, Chris Done, María Díaz Trigo, Chamani M. Gunasekera, Peter A. M. Van Hoof, Stefano Bianchi, Maryam Dehghanian, Gary J. Ferland

Physics and Astronomy Faculty Publications

The advent of the X-ray microcalorimeter spectrometer Resolve onboard the XRISM space telescope opened a new era for high-resolution X-ray spectroscopy of astrophysical plasmas. Many spectral features were newly detected, including the Kα and Kβ inner-shell transition lines of mildly ionized (F- to Li-like) Fe at 6–8 keV in the spectra of X-ray binaries and active galactic nuclei. The widely used atomic databases contain information on the Kα but not Kβ lines of these ions. We conducted the atomic structure calculation using FAC to derive the Fe Kα and Kβ lines and verified the …

The Aurora Survey, Anthony J. Pahl, Alice Shapley, Naveen A. Reddy, Ryan Sanders, Michael W. Topping, Danielle A. Berg, Callum T. Donnan, James S. Dunlop, Richard S. Ellis, N. M. Förster Schreiber, K. Glazebrook, Derek J. Mcleod, Max Pettini, Daniel Schaerer

Physics and Astronomy Faculty Publications

We present ionizing photon production efficiencies (ξ_ion) for 63 z = 1.5–6.9 star-forming galaxies using precise nebular dust attenuation corrections from the JWST Assembly of Ultradeep Rest-optical Observations Revealing Astrophysics (AURORA) survey. A subset of objects within AURORA have individually determined nebular dust attenuation curves, which vary significantly in shape and normalization, resulting in reduced systematic uncertainty when constraining the total attenuation of Hα luminosity, and thus the intrinsic ionizing output within our sample. We find evidence for positive correlations between ξ_ion and redshift, equivalent width of [O iii] λ5007, and O32 = [O iii] λ5007/[O ii] …