Digital Commons Network^™

Taking Legality Seriously: What The Major Questions Doctrine Is — And Isn't, Andrea Scoseria Katz, Ofra Bloch

Scholarship@WashULaw

The Major Questions Doctrine (MQD), a controversial recent innovation of the Roberts Court that applies stricter scrutiny to “major” actions taken by federal agencies, has faced criticism for being atextual, unprincipled, and nakedly ideological. But this critique misses the fact that the doctrine has near-exact analogues in many other legal systems, where it is an established tool for reining in executive overreach. This Article argues that, while the MQD reflects valid rule-of-law concerns, as applied, it lacks theoretical clarity, consistency and limits. More importantly, the Court itself lacks a theory of what the MQD is. We provide an answer grounded …

Privatising International (Organizations) Law, Melissa (M.J.) Durkee

Scholarship@WashULaw

This essay explores the increasing role of private commercial actors within international organizations (IOs) and the implications for international law. Once conceived as state-centred institutions, IOs now routinely involve corporations, trade associations, and philanthropic foundations in lawmaking, policy-setting, financing, and implementation. These actors participate through multiple channels: as observers, delegates, stakeholders, funders, and partners. While private involvement has historical precedents, its contemporary scale and formalization mark a significant transformation in global governance. International law, however, offers little guidance on the boundary between public and private authority, leaving legitimacy concerns unresolved. To evaluate privatization, the article identifies two competing logics: a …

Teaching Constitutional Law: Politics, Democracy And History, Andrea Scoseria Katz

Scholarship@WashULaw

Teaching Constitutional Law in the present era presents unique pedagogical challenges. My students arrive skeptical of the field, doubtful of the Supreme Court’s authority, questioning the relevance of legal methods in determining case outcomes, and perceiving constitutional adjudication as irreducibly political. Rather than dismiss these concerns, I argue that constitutional law professors must acknowledge them directly. Our task is not to restore naïve faith in judicial neutrality (an impossible ideal), but to present students with a vision of constitutional meaning-making—one grounded in politics, history, and democratic politics—in which they can recognize themselves as engaged participants in the future of our …

Sustainability Assurance, Andrew F. Tuch, Luca Enriques, Alessandro Romano

Scholarship@WashULaw

A robust literature examines sustainability disclosures by public corporations, but legal scholarship has largely overlooked the role of third-party assurance—or verification—of such disclosures. This is a notable omission given the extensive literature on the auditing of financial statements, a related form of assurance.

This article responds by examining the role of assurance in sustainability reporting. In keeping with the theme of this symposium volume, it draws on US and EU law. Our discussion begins in Part I with sustainability disclosures, focusing on the requirements and practices of public companies. In Part II, we introduce sustainability assurance as well as assurance …

Foreword: The Constitution And Public Finance—Why Now And Why Ever?, Conor Clarke, Eric Kubo

Scholarship@WashULaw

This paper introduces the Washington University Law Review’s 2026 symposium issue on “Taxing, Spending, and the Constitution.” We situate the symposium’s ten papers within three interconnected developments in public finance law: the Supreme Court’s recent decision on the Sixteenth Amendment in Moore v. United States; the Trump Administration’s assertions of executive control over appropriated funds; and the use of emergency and trade statutes to justify sweeping tariff authority.

We also step back to ask why constitutional issues in public finance—long treated as a technical backwater—have become such a central site of doctrinal and political conflict. We offer several explanations beyond …

Tax Exceptionalism After Loper Bright, Conor Clarke, Noah Hertz Marks

Scholarship@WashULaw

We consider how tax regulations should be reviewed in a post-Chevron world. In 2011, the Supreme Court’s Mayo Foundation decision subjected Treasury regulations to ordinary Chevron deference, rejecting National Muffler’s tax-specific standard of review and declaring that the Court was “not inclined to carve out an approach to administrative review good for tax law only.” In 2024, Loper Bright overruled Chevron. This Article asks what Loper Bright means for Mayo—and, in turn, for National Muffler.

We reject the simple inference that Loper Bright automatically revives National Muffler. But we argue that National Muffler nonetheless …

C.A.S. Full Assessment Report: State Of Florida Government Portal, Delante Clark

Graduate Scholarship and Creative Works

The purpose of this assessment is to evaluate the cognitive overhead, transparency, and attentional integrity of

official State of Florida digital interfaces using the Cognitive Attentional Standards (C.A.S.) platform.

While the Florida Digital Bill of Rights (FDBR) establishes strict regulatory guardrails for consumer data

transparency, tracking opt-outs, and attentional safeguards, the State of Florida explicitly exempts its own

government agencies, public universities, and non-profit entities from complying with these rules.

This assessment serves to investigate the tension between legislative intent and government execution. By

analyzing public sector websites through the C.A.S. platform, this project will establish a “state-enforced vs.

state-executed” …

The Attention Safeguard Models: Governing Digital Harm Without Restricting Lawful Speech, Delante Clark

Graduate Scholarship and Creative Works

Digital platforms increasingly govern contemporary social, civic, and psychological life through systems optimized for attention capture, amplification, and monetization. While lawful expression remains protected under the First Amendment, the infrastructural mechanisms that determine how speech circulates have produced a range of attention‑based harms, including cyberbullying, engagement farming, compulsive doom scrolling, emotional dysregulation, and civic polarization. This research paper introduces the Attentional Safeguards Model (ASM), coined and formalized by Delante Clark, as a novel governance framework that mitigates such harms by regulating systems of amplification rather than restricting expression itself. Building on attention economy theory, technological mediation, constitutional free‑speech doctrine, …

Falling For Mobility, Wendy Savercool Dnp, Rn, Crni, Ocn, Fab, Ian Heck Msn, Rn, Nea-Bc, Kayla Rosica Msn, Rn, Ne-Bc, Medsurg-Bc

Patient Care Services / Nursing

No abstract provided.

The Interaction Between Academic Self-Efficacy And Social Support: Exploring Moderation Effects On Academic Performance And Emotional Well-Being During The Transition To Secondary School, Luis Josué Ortiz Martes

Theses and Dissertations

The transition to secondary school can intensify academic demands and emotional strain, making it a critical context for examining students’ psychological and social resources. This applied dissertation examined whether perceived social support (SS) moderates the association among academic self-efficacy (ASE), academic performance (AP) and emotional well-being (EWB) among seventh-grade students at a private, multilingual school in Puerto Rico. Using a time-lagged, nonexperimental correlational design, 14 students completed the academic subscale of the Self-Efficacy Questionnaire for Children (SEQ-C) and the Social Support Appraisals Scale (SS-A) at the start of the academic year; EWB was assessed at midyear with the Negative and …

Elementary Teachers’ Perceptions Of Differentiating Tier 1 Reading Instruction Within A Multi-Tiered System Of Support Framework, Ivonne Ciresi

Theses and Dissertations

This generic qualitative dissertation explored elementary teachers’ perceptions and experiences of implementing Tier 1 differentiated reading instruction within a Multi- Tiered System of Support (MTSS) framework. Establishing effective systems and supports for comprehensive reading instruction in the Tier 1 classroom is a critical component of MTSS. Given the range of structures required, including instructional routines, resources, and ongoing professional development, it is important to understand how teachers navigate the challenges of differentiating reading instruction. The purpose of this study was to examine how teachers implement differentiation during core reading instruction, the challenges they encounter, and the role of professional learning …

Experiencia Del Consejero Profesional Estableciendo Una Alianza Terapéutica En Entornos Virtuales, Rosa E. Conde Paz

Theses and Dissertations

Esta disertación explora a profundidad la experiencia subjetiva de un grupo de consejeros profesionales en el proceso de establecimiento de la alianza terapéutica en entornos virtuales. El estudio parte del interés de ampliar la comprensión de este fenómeno desde la perspectiva de las personas que lo han vivido, ante un mundo donde predominan otros enfoques. El objetivo principal consiste en generar conocimientos que contribuyan al campo de la salud mental, especialmente exponiendo el significado que los participantes atribuyen a sus experiencias.

Para esta investigación se adoptó un enfoque cualitativo mediante el Análisis Fenomenológico Interpretativo (IPA), una metodología que facilita examinar …

Perceptions And Experiences Of Teachers Regarding How Their Students’ Attendance Rate Impacts Their Academic Achievement, John Logan Jr.

Theses and Dissertations

Chronic absenteeism has emerged as a critical educational concern nationwide, particularly following the COVID-19 pandemic. National data indicate that chronic absence rates increased from 15% in 2019 to 28% in 2022, and in the targeted rural South Carolina district, 25% of students were chronically absent in 2022–2023, rising to 28% in 2023–2024. Persistent absenteeism is associated with lower academic performance, widened achievement gaps, and diminished long-term educational and workforce outcomes, especially among socioeconomically disadvantaged and minority students.

The purpose of this qualitative phenomenological study was to examine teachers’ perceptions and experiences regarding how students’ attendance rates influence academic achievement in …

The Influence Of Metacognition On College Readiness And Persistence, Michael L. Fitzgerald

Theses and Dissertations

This applied dissertation examined the influence that metacognition has on college readiness and its most traditionally used metrics: performance-based outcomes and persistence. Specifically, this study addressed to what degree underlying metacognitive structures differ between college students’ successful metrics of performance and persistence compared to a more general sample of college students.

The research characterized metacognition along three domains of analysis: (a) selfefficacy/ motivation, (b) soft skills/psychological capital (Psycap), and (c) expected value of control (EVC). The quantitative study included 54 college students and a crosssectional design. Participants completed a four-part Likert-style survey, where their responses were measured along the three …

Screen Time Use, Reading Achievement, And Thinking Maps: A Correlational Study Of Fifth-Grade Students, Morgan Brooke Unger

Theses and Dissertations

The problem addressed in this study was the fixation of screen time among fifth-grade students at a kindergarten to Grade 12 private school in South Florida. By the time children reach age 12, 69% of adolescents own a smartphone. The purpose of this study was designed to determine (a) the relationship between screen time use and reading achievement among fifth graders, (b) the relationship between parents’ awareness of their child’s screen time use and their child’s actual screen time use, and (c) how well fifth-grade students’ Thinking Maps illustrate the problems associated with screen time fixation at a kindergarten to …

Why Educators In South Florida Are Leaving The Profession, Keyona Burnes

Theses and Dissertations

This applied dissertation was designed to provide better access to current information for the students and staff in a middle school. The printed materials located in the school’s media center were outdated, scarce, or inadequate. Electronic databases were available in the media center for online searching and information retrieval. However, the students did not know how to use databases as a source for completing class assignments or how to browse within these online services to find additional information. Teachers also did not know how to use electronic information to enrich their lessons.

The researcher developed lesson plans and strategies to …

Effect Of Employees’ Breakfast Choices On Energy Levels In The Hispanic Population Working In Healthcare In South Florida, Jennifer Rivas

Theses and Dissertations

This applied dissertation was designed to examine the effect of employees’ breakfast choices on perceived energy levels among Hispanic healthcare workers in South Florida. As breakfast consumption has been widely associated with cognitive function, productivity, and metabolic stability, this research focused on understanding how specific breakfast patterns influence daily energy in a population that plays a critical role in regional healthcare delivery.

A qualitative survey was developed by the researcher and was used to collect data from Hispanic employees working in a variety of healthcare settings. Participants completed a structured survey assessing breakfast habits, nutritional quality, frequency of consumption, and …

Instructional Systems Design In Lesson Planning For Substance Use Treatment Groups: A Mixed Methods Exploratory Study, Michelle Robin Gould

Theses and Dissertations

This study explored lesson planning for substance use disorder (SUD) treatment groups, investigating the presence of components from the ADDIE (Analysis, Design, Development, Implementation, Evaluation) instructional systems design (ISD) process in routine facilitator lesson planning practices. Using an exploratory mixed-methods convergent parallel design, data were collected via an online survey featuring closed- and open-ended questions regarding self-reported planning activities and perceived effectiveness. Quantitative analysis confirmed that SUD facilitators perform tasks associated with all five ADDIE phases. Qualitative findings showed that facilitators perceive themselves as effective planners despite logistical and organizational constraints. However, facilitators do not appear to conceptually link instructional …

Employee Perceptions On The Role Of Job Demands And Burnout On Employee Engagement In Nonprofit Sector: A Qualitative Descriptive Study, Tania P. Sierra

Theses and Dissertations

This applied dissertation was designed to explore how nonprofit employees perceive the role of job demands and burnout in shaping employee engagement. The study focused on nonprofit organizations in Southern Arizona and used a qualitative descriptive methodology to center employee voice and provide context-rich insights into workplace well-being. Semi-structured interviews were conducted with 15 participants representing diverse roles and career stages. The study aimed to inform nonprofit leaders and stakeholders about the relational and structural conditions that influence engagement, resilience, and emotional labor in mission-driven environments.

Thematic analysis revealed six interrelated themes, including role multiplicity, time pressure, emotional labor, and …

A Case Study Of Employees’ Perception Of Leadership Styles In Law Firms, Naylet M. Sanchez

Theses and Dissertations

This applied dissertation explored employees' perceptions of their supervisors’ leadership styles and how those perceptions shape their job performance and satisfaction within a mid-sized personal injury law firm operating across multiple offices in the Southeastern United States. The effectiveness of leadership styles in law firms significantly influences employee performance, productivity, and organizational success, yet the unique contextual factors of legal practice environments have remained substantially underexplored in the leadership literature. Much of the existing research has focused on general organizational settings rather than the knowledge-intensive, hierarchical, and high-pressure dynamics that characterize law firms. This applied dissertation was designed to address …

The Investigating Factors Affecting Teacher Retention In Rural Areas, Lajada Robinson

Theses and Dissertations

This dissertation investigated the factors influencing teacher retention in Mississippi's rural communities. The purpose of this study was to identify the specific variables that contribute to teacher retention in rural areas within Mississippi and to investigate strategies for improving teacher recruitment, retention, and job satisfaction. A mixed-methods research design was utilized, which included quantitative surveys and qualitative interviews with teachers, administrators, and education stakeholders in rural Mississippi.

By conducting a mixed-methods research design incorporating quantitative and qualitative interviews, the study sought to collect comprehensive data from teachers, administrators, and education stakeholders in rural Mississippi. The study explored key factors such …

Factores Motivacionales, De Aprendizaje Y De Enseñanza Que Median En La Elaboración De Un Rediseño Instruccional Para Un Curso Práctico A Nivel Doctoral De Evaluación Cognitiva, Carlos F. Sellas-Hernández

Theses and Dissertations

La impartición de cursos de Práctica en Evaluación Cognitiva representó un desafío pedagógico, principalmente por la amplitud y complejidad de los contenidos que deben abordarse en un marco temporal limitado. Esta investigación exploró los factores motivacionales y las estrategias de aprendizaje y enseñanza que median en el diseño instruccional del curso integrando la estrategia del Aula Invertida como enfoque metodológico.

El estudio se enmarcó en un enfoque de métodos mixtos con un diseño tipo paralelo convergente. Se condujo un análisis de necesidades con estudiantes que estuvieron o hayan tomado el curso utilizando el Cuestionario de Motivaciones y Estrategias de Aprendizaje, …

Balancing Care And Chaos: A Phenomenological Study On The Emotional And Mental Health Challenges Of Emergency Department Nurses, Shantilee Green

Theses and Dissertations

The purpose of this qualitative, phenomenological study was to examine the experiences of emergency department nurses related to emotional and mental health challenges, coping with stress, and ways to provide them with better workplace support. Emergency department nurses are required to work 12-hour shifts in a high-stress environment with a significant patient load and an inadequate patient-to-nurse ratio. Emergency department nurses are exposed daily to patient events that can be traumatic and affect their mental and emotional health, and nurses may find it challenging to cope with the resultant stress.

The researcher created an interview protocol of 14 questions to …

First-Year Academic Success Strategies For Student Veterans, Vincent Ciarla

Theses and Dissertations

This qualitative case study explored the perceptions and experiences of student veterans regarding academic success strategies during their first year of college. The study was guided by three research questions examining perceived difficulties, needed support systems, and overall transition experiences. Five student veterans who had successfully completed their first year at a community college participated in semi-structured interviews. Data were analyzed using multi-cycle coding procedures, including open coding, pattern coding, and cross-case analysis, resulting in the identification of recurring themes.

Findings indicated that participants experienced initial confusion related to institutional processes, challenges navigating educational benefits, and difficulty adjusting to differences …

Educación Financiera Y Adquisición De Vivienda En Adultos Mayores: Desafíos Y Estrategias En El Condado De Dade, Florida, José Rafael Torres Arocha

Theses and Dissertations

Esta disertación examinó la influencia de la educación financiera y legal en la adquisición y mantenimiento de vivienda en adultos mayores de 55 años en el Condado de Dade, Florida. El estudio surgió ante el incremento sostenido de los costos de vivienda, la limitada asequibilidad habitacional y la persistente brecha de conocimiento financiero y legal que afecta a esta población, condicionando su capacidad para tomar decisiones informadas.

Se adoptó un enfoque cualitativo mediante un estudio de caso instrumental, que permitió comprender en profundidad las experiencias vividas de cinco participantes que habían atravesado recientemente procesos de adquisición de vivienda. La recolección …

The Perceptions Of Parents, Teachers, And Administrators On The Transition Of Latino Migrant Students Into Colleges, Sylma Samuel Ferreira

Theses and Dissertations

This qualitative case study examined the perceptions of Latino migrant parents, teachers, and school administrators regarding barriers affecting Latino migrant students’ transition to higher education in rural Mississippi Delta schools. Guided by achievement goal theory and culturally responsive pedagogy, the study explored how structural, cultural, and institutional factors shape students’ educational pathways. Data were collected through semi-structured interviews with 15 participants, including parents, teachers, and administrators.

Findings revealed that Latino migrant students face interconnected barriers to higher education, including financial constraints, language barriers, family responsibilities, and limited access to college preparation resources and transportation. Participants emphasized the influence of family …

Planes De Sucesión En Los Hospitales De La Región Metro De Puerto Rico, Eddie Correa Medina

Theses and Dissertations

Esta disertación aplicada ha sido diseñada con el propósito de conocer las percepciones, experiencias, vivencias y conocimientos de los líderes y gerentes en enfermería sobre la implementación de los planes de sucesión en los hospitales del área metropolitana de Puerto Rico. La utilidad de esta investigación parte del argumento que tienen estos planes para mejorar la retención de empleados, facilitar la transferencia de conocimientos, evitar la rotación excesiva en puestos críticos, entre otros elementos. En el primer capítulo se presentó la introducción de la disertación, lo que incluyó aspectos como el propósito, objetivos, audiencia, rol del investigador, contribuciones al campo …

Effects Of Mental Health Services On Adolescents’ Mental Health-Related Behavior Problems And Academic Performance, Marsha Bernard

Theses and Dissertations

The problem to be addressed in the research study was that students who are marginalized and racially profiled exhibit behavioral problems in school and lack the resources to understand and manage their emotional behaviors. The purpose of the study was to determine how mental health counselors in schools and in the community can assist marginalized families with adequate mental health services. The study sought an understanding of the underlying causes of disruptive behaviors and miscommunication between students and administrators. Overall, the study revealed that mental health has an impact and plays a critical role in the day-to-day experiences of marginalized …

El Estrés Laboral Como Factor De Riesgo En El Rendimiento De Los Docentes De Una Institución Privada De Educación Superior En Puerto Rico, Sarahi Alvarado Rivera

Theses and Dissertations

Los seres humanos en diferentes momentos de su vida han experimentado lo que es el estrés, y las organizaciones de una forma u otra han buscado disminuir o eliminarlo dentro del entorno laboral. El estrés laboral es un factor determinante en el desempeño laboral, las enfermedades y la estabilidad emocional de los recursos humanos en las organizaciones. Este trabajo se enmarca en un enfoque cualitativo a través de un estudio fenomenológico.

El propósito de este estudio fue valorar la incidencia del estrés laboral como factor de riesgo en el rendimiento de los Docentes de una Institución Privada de Educación Superior …

Teacher Perceptions Of Social-Emotional Learning On Student Academic And Behavioral Performance, Kayla Zucco

Theses and Dissertations

This study explored teacher perceptions of the impact of social-emotional learning (SEL) on students’ academic and behavioral performance. Guided by two research questions examining how teachers perceive SEL influences academic outcomes and behavioral development, data were collected through open-ended interview questions among seven participants. The study aimed to better understand how educators conceptualize and implement SEL within classroom settings and how these practices are perceived to affect student success.

Thematic analysis of participant responses revealed several consistent findings. All participants (100%) reported a strong understanding of and confidence in their SEL knowledge, suggesting a shared sense of competence in this …