Digital Commons Network^™

The Missing Constitutional Law Of Executive Conditions, Nicole Huberfeld, Matthew B. Lawrence

Faculty Scholarship

This Article contributes to development of the constitutional law of executive conditions. Courts are wrestling with the constitutionality of federal efforts to encourage what the federal government cannot mandate—speech on particular subjects, participation in cooperative federalism programs, and so on—but have failed to appreciate an important distinction. Binding statutory conditions articulated by Congress or an executive branch delegee (statutory conditions) and non-binding executive conditions articulated by executive branch actors engaged in regulation by deal (executive conditions) are different in constitutionally salient ways that can and should inform the development of workable doctrine. Yet courts, advocates, and scholars have only begun …

Social Science Contributions To The Global Action Plan On Antimicrobial Resistance Management, Mathieu Poirier, Jaskeerat Singh, Isaac Weldon, Clare I. R. Chandler, Daniela Corno, Laura Valtere, Pedro Henrique D Batista, Daniel Carelli, Geneviève Boily-Larouche, Sonia Lewycka, Fiona Emdin, Kathleen Liddell, Timo Minssen, Ilaria Natali, Susan Nayiga, Iruka N. Okeke, Emmanuel Olamijuwon, Kevin Outterson, Julianne Piper, Kayla Strong, Jarnail Singh Thakur, Kednapa Thavorn, Maarten Van Der Heijden, A. M. Viens, Mary Wiktorowicz, Steven J. Hoffman

Faculty Scholarship

Social science research on antimicrobial resistance has gained traction in the last decade, employing a diverse set of theoretical perspectives to better understand topics ranging from antimicrobial stewardship to political coordination.4 As the action plan commitments will be updated in 2026, an opportunity exists to employ a broader social science scope to accelerate national antimicrobial resistance interventions.

In January 2025, the Global strategy lab convened leading antimicrobial resistance social scientists from a variety of disciplines to determine which new ways of understanding antimicrobial resistance could catalyse and incentivize action. Three conceptions stood out as important to revisions of the action …

The Punishment Paradox, Steven Arrigg Koh

Faculty Scholarship

What does criminal punishment do? Across centuries of criminal legal thought, a shared answer persists: punishment incapacitates the wrongdoer. And yet punishment sometimes yields its opposite. Paradoxically, punishment sometimes becomes a rallying point-expanding community identification and solidarity around the defendant. This Article shows this punishment paradox using the 2023-24 prosecutions of President Trump and recent and historical case examples-from Luigi Mangione to Karen Read to Rosa Parks. By arguing that criminal law can generate solidarity rather than stigma, the Article both rethinks foundational theories of punishment and reconsiders the role of criminal law in democratic politics. Such an approach transcends …

Memory Warriors, Pluralists, And Abnegators In Constitutional Interpretation: An Essay On Jack Balkin's Pluralist Originalism In Memory And Authority, Jed Handelsman Shugerman, Zachary Shugerman Handelsman

Faculty Scholarship

Jack Balkin’s Memory and Authority: The Uses of History in Constitutional Interpretation brings into conversation the scholarly insights of constitutional theory, history, and the growing field of “the politics of memory,” especially the concept of the “memory entrepreneur.”

Balkin appropriately connects the memory wars in American constitutional law back to Eastern

European memory wars during the World Wars and their aftermath. Prompted by Balkin, we turn to Jan Kubik and Michael Bernhard edited volume Twenty Years After Communism (2014), which has become even more widely influential after Putin’s invasion of Ukraine and a new round of Eastern European memory wars. …

Third-Party Funding: Balancing Transparency, National Security, And Access To Justice, Victoria Sahani

Faculty Scholarship

Many lawmakers who have recently become aware of the multi-billion-dollar global third-party funding industry are raising new national security concerns that further complicate preexisting, longstanding debates about transparency, disclosure, access to justice, and the best way to regulate third-party funding. In response, this Article briefly asserts three main points relating to the question of how best to regulate third-party funding. First, this Article explains the third-party funding industry, including its global regulatory landscape and how it serves three distinct populations: consumers, businesses, and law firms. Second, this Article explains that third-party funding is one tool that can help expand access …

The Hypocrisy Of Data Governance, Zubair Shafiq, Olivia Figueira, Athina Markopoulou, Woodrow Hartzog, Michael Lavine

Faculty Scholarship

“Data governance” is an empty term, like a Rorschach inkblot just waiting to be filled with meaning. Tech companies take advantage of this ambiguity to craft narratives about their data-governance capabilities to fit their audience and purpose. On one hand, tech companies brag about their data-governance capabilities when it fits their business model (for example, to advertisers) and public image (for example, to their customers). On the other hand, tech companies claim that meaningful data governance is challenging or impossible when accountability is demanded.

In this Article, we argue that tech companies systematically misrepresent or selectively ignore their data-governance capabilities. …

Romanist-Bourgeois Property And The Development Of The Modern Capitalist World System, Anna Di Robilant

Faculty Scholarship

This article examines the role of Romanist-bourgeois property law in the development of the modern capitalist world system, focusing on how nineteenth-century jurists deliberately crafted and adapted Roman law-based property doctrines to address the evolving social relations of production in both Europe and its peripheries. Rather than viewing legal concepts as merely reflective of broader economic transformations, the author highlights the active role played by a professional class of jurists in shaping property law to legitimize and structure emergent capitalist class dynamics. The article critically engages with competing scholarly perspectives that either privilege market expansion or downplay class relations, arguing …

Privacy’S Autonomy Thicket: Disentangling Choice, Consent And Control, Jordan Francis, Woodrow Hartzog, Neil Richards

Faculty Scholarship

When it comes to talking about autonomy, privacy law could use a little clarity. Its discourse uses terms like “choice,” “consent,” and “control” to evoke autonomy, but these terms are too rarely defined and too often used interchangeably, even though they can mean very different things. The three terms have become entangled in a way that has become confusing and counterproductive. We call this problem “privacy’s autonomy thicket,” and it matters because it encourages talking past each other in policy debates, enabling the redefinition of these terms in misleading ways that produce weak and disempowering “notice and choice” regimes.

In …

The Anti-Federalism Of Hr1, Nicole Huberfeld

Faculty Scholarship

The budget reconciliation bill signed on July 4, 2025 (“HR1”) weakened the Patient Protection and Affordable Care Act (ACA) and its core goal of near-universal health insurance coverage. To maintain 2017 tax cuts, Congress curtailed the ACA’s Medicaid eligibility expansion; simultaneously, HR1 limited the kinds of options states have been able to exercise within Medicaid while pushing the costs of deep cuts down to states. This essay argues that HR1 embodies an anti-federalism approach, and that anti-federalism is not the same as federalizing health reforms. In the past, Congress sometimes federalized health care or public health reforms to respond to …

Regulating Crisis Pregnancy Centers After Nifla And Dobbs: Controversies Over When Government Is Imposing An Orthodoxy About Abortion, Linda C. Mcclain

Faculty Scholarship

How does this broader sense of Barnette’s proscription of government from imposing “what shall be orthodox” implicate governmental restrictions on reproductive autonomy? Battles over reproductive freedom centrally implicate objections that government is unconstitutionally imposing a gender orthodoxy. Arguments for a right of personal autonomy embodying an antitotalitarian principle of liberty are arguments for a right to resist governmental imposition of an orthodoxy— for example, an idea about the natural or traditional role of women as mothers together with a view about how best to respect the sanctity of life. Rights to reproductive autonomy, grounded in personal autonomy and equality, …

Exploring Excessive Absences In An Urban School Setting: Implications For Student Academic Success And High School Graduation, Tamieka Mclaughlin

Theses and Dissertations

This qualitative phenomenological study explored the perspectives of parents and teachers regarding excessive student absenteeism in an urban high school setting and the implications of persistent absences for students' academic success and high school graduation. Excessive absenteeism remains a major challenge for schools in urban communities where children experience multiple personal, family, school and community factors that may influence attendance. Understanding how parents and teachers perceive these factors can provide insight into the experiences and challenges associated with chronic absenteeism, as well as the strategies they believe may support improved student attendance, academic success, and progress towards high school graduation. …

Low Early Reading Skills In Children Entering Kindergarten In An Urban K-8 Center, Shelly D. Smith-Harding

Theses and Dissertations

This applied dissertation was designed to investigate the preparedness of kindergarten children in early reading skills, drawing comparisons from their experiences in comparable preschool programs and to gain insight about how to address the problem of low early reading skills among children entering kindergarten. Using archival data from i-Ready reading diagnostic tests over a 4-year period (2021-2022 to 2024-2025), the researcher compared students who attended an urban K-8 Center Head Start program (n=47) with students from other preschools (n=33).

The researcher conducted an independent t-test with SPSS, version 30 software, to analyze differences at the baseline (Assessment Period 1) and …

Improving Human Dimensions Of Conservation Planning: Challenges And Opportunities For Sustainable Conservation Outcomes, Vivian Hulugh

Electronic Theses and Dissertations

Conservation planning is important to ensure both ecological and social benefits of natural resources, including the maintenance of functional ecosystems and stable wildlife populations as well as the provision of resources that communities rely on. Yet, the integration of the human dimensions of conservation planning remains limited in practice. This thesis examines conservation planning in South Dakota and within Joint Venture (JV) partnerships, using qualitative methods to identify challenges and opportunities for more effective and coordinated planning. In chapter one, I examine how collaboration, public participation, and the use of climate information are integrated conservation planning in South Dakota and …

Investigation Of Perennial Clover Living Mulch And Reduced Tillage Effects On Weed Suppression, Crop Metrics, And Yield Of Organic Cabbage And Sweet Corn In The Northern Great Plains, Kristina Harms

Electronic Theses and Dissertations

Vegetable farmers often face weed management and soil health challenges, such as nitrate leaching, soil compaction, and top-soil loss. Sustainable agriculture is a forefront of innovation compared to conventional agriculture. Living mulches, non-cash crops grown alongside cash crops, have demonstrated weed suppression and impact on the promotion of sustainable agriculture. Yet studies have not evaluated established living mulch systems on cash crop quality and yield. This study conducted in 2023, 2024, and 2025 at SDSU Southeast Research Farm, Beresford, SD, USA evaluates the impact of established ‘Dynamite’ red clover (Trifolium pratense), ‘Domino’ white clover (T. repens), and ‘Aberlasting’ white × …

Production, Characterization, And Diagnostic Application Of Monoclonal Antibodies Against The N-Protein Of Avian Metapneumovirus Subgroup B, Ravi Gupta

Electronic Theses and Dissertations

Avian metapneumovirus (aMPV) is a respiratory pathogen that causes Turkey Rhinotracheitis (TRT) in turkeys and Swollen Head Syndrome (SHS) in chickens. The infection leads to facial swelling, nasal discharge, reduced egg production, and poor growth. This virus is classified into four subgroups: aMPV-A, B, C, and D, with two other novel subgroups, in which aMPV-A, B, and C are most prevalent in the commercial flocks. In early 2024, aMPV-A and B outbreaks have been reported in the US, resulting in severe economic losses. An economic assessment estimates around $112 million in losses in Minnesota and up to $434 million in …

Towards Energy Access For All: Developing The Lived Energy Experience Index (Leei), Kentina Annie Ishimwe

Electronic Theses and Dissertations

Energy is the fuel that powers the engine of civilization. Energy access metrics ensure that nations continuously work towards providing access for all. However, the prevalent binary indicator fails to consider that energy needs to be usable, accessible, affordable, and reliable. As a result, numerous tiered and multidimensional metrics, such as the Multi-Tier Framework, came about to bridge the gap but proved to be complex and complicated to implement. This study presents the existing literature review, assesses the limitations of current energy access measurement frameworks, and compares household energy needs with reported access statistics. Based on the findings, the Lived …

Finite Mixture Modeling Towards Applications In Material Science And Biomedical Data, Jason Hasse

Electronic Theses and Dissertations

This dissertation contains three chapters on different applications of mixture regression models, broadly in materials science and public health. We begin with a basic application of finite mixture models and regression mixture models. The materials science analysis was performed entirely using data from finite element simulations of the additive manufacturing process via powder bed fusion. Visualization of the clustering solution as applied to the additive manufacturing designs highlighted the intuitive patterns that could be found. These patterns simultaneously yield the regression coefficients and subgroups of the geometric regions, providing a way to predict stresses and strains in a new geometry …

Demographic Impact And Diagnostic Evaluation Of Mycoplasma Ovipneumoniae In Bighorn Sheep Of The Pine Ridge Badlands, Jeffrey Tillery

Electronic Theses and Dissertations

Mycoplasma ovipneumoniae (M. ovi) decimates bighorn sheep (Ovis canadensis) populations through acute die-offs followed by years or decades of failed lamb recruitment. Test-and-remove management has emerged as the primary intervention to restore population growth, and this thesis quantifies the demographic costs of endemic M. ovi infection and evaluates the diagnostic tools upon which this strategy depends. I quantified vital rates across five bighorn sheep subherds (four infected, one uninfected) on the Pine Ridge Reservation (2023–2025), supplemented by pre-outbreak data (2017–2018) from the North Unit of Badlands National Park. Infected subherds declined (λ = 0.965, 95% CrI: 0.813–1.039) while the uninfected …

Plant-Insect Interactions In Great Plains Restoration And Invasion Ecology, Joseph H. Cammarano

Electronic Theses and Dissertations

Prairie ecosystem loss and invasive plant species are major ecological problems in the Great Plains. Plant-insect interactions have important consequences for both the restoration of prairie ecosystems and management of invasive plant species. Pollinating insects are vital to the sustainability of prairie ecosystems, and herbivorous insects can provide biological control of invasive plant species. Understanding how restoration strategies may influence potential pollinator communities can have important consequences for restoration sustainability and success and understanding how biological control strategies may help manage invasive plant populations can also help land managers reach restoration and conservation goals. In Ch. 2, I sought to …

Effect Of Female Employment On Household Expenditure In Bangladesh, Fatema Binte Sharif

Electronic Theses and Dissertations

Female labor force participation (FLFP) in Bangladesh has increased from 29.2% in 2005–06 to 42.8% in 2022, raising important questions about household resource allocation. This study examines the impact of female employment on household expenditure patterns and challenges the traditional unitary model of decision-making. It focuses on how income controlled by women influences spending across essential and non-essential categories. The analysis uses data from the Household Income and Expenditure Survey (HIES) conducted by the Bangladesh Bureau of Statistics. This research employs Seemingly Unrelated Regression (SURE) approach to estimate budget shares for food, housing, health, education, clothing, and transport. The study …

Conocimiento, Formación Y Autoeficacia De Los Docentes Regulares En El Manejo De La Autorregulación Emocional De Estudiantes Con Trastorno Del Espectro Autista, Yalinette Negrín Carrión

Theses and Dissertations

El propósito de esta investigación fue analizar el nivel de conocimiento, la formación profesional y la autoeficacia de los docentes regulares de la escuela elemental, así como examinar las relaciones existentes entre estos factores y la implementación de estrategias de intervención educativa orientadas a la autorregulación emocional en estudiantes con Trastorno del Espectro Autista (TEA). El presente estudio adoptó un enfoque cuantitativo con un diseño no experimental, de tipo transeccional descriptivo-correlacional. Este diseño permitió describir las características de los fenómenos educativos y analizar las relaciones existentes entre variables sin manipularlas. Las variables del estudio fueron el conocimiento docente sobre el …

Exploring The Benefits Of Virtual Learning Environments For Students With Autism Spectrum Disorders, Kenton Louis-Jean

Theses and Dissertations

This qualitative phenomenological applied dissertation explored the lived experiences of K–5 teachers who worked with students with Autism Spectrum Disorder (ASD) in virtual learning environments. As virtual instruction became increasingly prevalent in K–12 education, limited research had examined how teachers adapted instructional practices to meet the cognitive, sensory, and engagement needs of students with ASD in online settings. This study addressed that gap by examining educators' firsthand perspectives on implementing virtual instruction for students with ASD.

Data were collected through semi-structured interviews with eight K–5 teachers who had experience teaching students with ASD in virtual or hybrid learning environments. Participants …

The Lived Experiences Of Hispanic Women In The Workforce: The Journey To Leadership And Leadership Styles, Ileana Sanchez

Theses and Dissertations

This qualitative study explored the lived experiences of Hispanic women in leadership positions within the United States workforce. Grounded in Interpretive Phenomenological Analysis (IPA), the study examined how Hispanic women interpreted the challenges and opportunities associated with their intersecting identities as both Hispanic and female leaders. Data were collected through semi-structured interviews with eight Hispanic women currently serving in leadership roles across diverse industries.

Findings revealed that participants encountered persistent systemic barriers, including underrepresentation, intersectional discrimination, limited access to mentorship and leadership networks, and pressures to conform to dominant workplace norms through code-switching. These challenges were cumulative and embedded within …

Conocimientos Sobre La Transición Postsecundaria De Estudiantes Del Programa De Educación Especial De Undécimo A Duodécimo Grado En Una Escuela Secundaria Pública En Puerto Rico, Nancy L. Ortiz Rivera

Theses and Dissertations

El propósito de este estudio fue determinar el nivel de conocimiento que poseían los estudiantes del Programa de Educación Especial sobre el proceso de transición postsecundaria. La investigación se desarrolló mediante un enfoque cuantitativo con un diseño descriptivo, considerando la transición como una etapa determinante en la vida académica y personal de los estudiantes con discapacidades, por su influencia en la preparación para la educación universitaria, la inserción laboral y el desarrollo de la vida independiente.

El estudio se llevó a cabo en una escuela secundaria pública de Puerto Rico e incluyó una muestra de 21 estudiantes del Programa de …

Teacher Perceptions Of Social-Emotional And Behavioral Factors That Impede Preschool Adjustment, Allease J. Glamore

Theses and Dissertations

Children with behavioral and social-emotional challenges struggle to adjust to the preschool environment which places increased demands on preschool teachers to implement effective strategies. The purpose of the study was to assess teachers’ perceptions regarding social-emotional and behavioral factors implicated for successful preschool adjustment. The theoretical framework guiding this study is grounded in the integration of Bronfenbrenner’s ecological systems theory, social-emotional learning theory, and behavior theory. A case study design was used to examine the perceptions and use of social-emotional and behavior interventions and supports by four early childhood teachers across two programs.

Data were collected using qualitative in-depth one-on-one …

Mixed-Methods Study Of High School Teachers’ Perceived Training, Self-Efficacy, And Assessment Competencies In Online Courses, Chantell Radford

Theses and Dissertations

The problem in this study was that, in a large urban school district in South Florida, the online high school teachers’ training, self-efficacy, and assessment competencies in courses required enhancement. The purpose of this study was to examine the perceptions of high school teachers on their training, self-efficacy, and assessment competency in online courses.

Twenty high school online teachers participated in the study. Recruitment occurred through a link posted on Facebook and LinkedIn. The design (sequential explanatory mixed-methods design) aligned with the five research questions. Two instruments (survey and questionnaire) were used to collect data. Quantitative data analyis occurred with …

Beyond The Classroom: Examining The Relationship Between Student Engagement, Academic Motivation, And Retention, Jeanine Marie Dinardo

Theses and Dissertations

Student retention rates at community colleges have remained low across the United States in recent years. Student engagement is important because it increases motivation and improves academic performance and retention. The purpose of this correlational study was to examine the relationships between student engagement, academic motivation, academic performance, and retention among students at a small community college in the mid-Atlantic region of the United States. The study was guided by self-determination theory. The sample consisted of 80 community college students. Data were collected through a questionnaire given to participants through their college email. The data were collected using SurveyMonkey and …

Teachers’ Perceptions Of The Decline In Reading Scores Among Fourth- And Fifth-Grade Students, Brigetta Foules-Sims

Theses and Dissertations

The purpose of this qualitative instrumental case study was to explore teachers’ perceptions of the factors contributing to the decline in reading achievement among fourth- and fifth-grade students in a rural elementary school in a southern state. The study explored teachers’ perceptions of the causes of declining reading performance, the instructional challenges they encounter when addressing reading difficulties, and the resources and supports they believe are necessary to improve student outcomes.

Data were collected through semi structured interviews with eight certified fourth- and fifth-grade teachers. Five themes emerged from the data: (a) increasing academic demands reveal foundational reading gaps, (b) …

Embarazo Prematuro Y Abandono Escolar En Jóvenes Inmigrantes Hispanas: Estudio De Caso En Una Academia De Educación En Español, Danays Carbonell Dieguez

Theses and Dissertations

Esta disertación aplicada tuvo como propósito explorar las experiencias de jóvenes inmigrantes hispanas que abandonaron sus estudios debido a embarazos prematuros mientras participaban en el programa Success Management Academy (SMA), una academia de educación en español ubicada en el contexto de Miami-Dade County Public Schools. El estudio se desarrolló desde un enfoque cualitativo mediante un diseño de estudio de caso, con el fin de comprender los factores personales, familiares, educativos, socioeconómicos y culturales que influyeron en la interrupción de sus trayectorias escolares.

La investigación incluyó cinco jóvenes inmigrantes hispanas provenientes de Centroamérica que estuvieron vinculadas al programa SMA y experimentaron …

Fairness: Examining Support And Resources Available To Respondents In Title Ix Cases, Emanuel Jerome Oliver

Theses and Dissertations

This phenomenological study explored how higher education institutions develop Title IX procedures to ensure respondents receive fair treatment from the outset of the adjudication process. It also examined how colleges and universities provide resources and support to respondents throughout the Title IX process. The study used semi structured interviews with Title IX Coordinators at various higher education institutions to understand how they have developed practices to support respondents.

Findings revealed that higher education institutions have developed various methods to support respondents in the Title IX process. The goal of the Title IX process is to ensure that respondents receive the …