Digital Commons Network^™

Toward Interspecies Reproductive Justice, Asha A. Ramakumar

Animal Law Review

Reproductive justice discourse has largely overlooked non-human animals, despite the parallel forms of biopolitical control exercised over human women and female animals’ reproductive labor. By examining the shared logics underlying the subordina-tion of both human women and dairy cows, this Article argues that any genuine conception of reproductive justice must inter-rogate reproductive exploitation beyond the human experience. Drawing from Michel Foucault’s theory of biopower and Carol J. Adams’ framework of the “absent referent,” this Article elucidates how powerful institutions control those with the capacity for preg-nancy by perpetuating narratives of biological essentialism and obligation.

Part II examines several examples of …

A Mandate With Teeth: Biting Back At The Neglect Of New York's Humane Education Law, Mei Brunson

Animal Law Review

New York passed its compulsory humane education law in 1917, which obligates school districts to provide weekly instruction in the “humane treatment and protection of animals” to all elementary school students. Though this mandate is clear, New York school districts routinely ignore it and deprive students of the humane education that they are statutorily entitled to. To make matters worse, the New York Commissioner of Education has abdicated their responsibility to enforce this minimum educational standard. Over the years, the laudable efforts of advocacy groups, educators, and legislators have brought about some instances of district compliance. Nevertheless, widespread district noncompliance …

Asset Forfeiture As An Animal Welfare Law: A Case Study On South Carolina's Bond-Or-Forfeit Statute, Morgan Mercer

Animal Law Review

This Comment examines South Carolina’s 2024 bond-or-forfeit statute (H.B. 3682) as a case study in the growing trend of extending existing legal frameworks to promote animal welfare. Traditionally, asset forfeiture treats animals purely as property subject to seizure. However, by shifting the costs of caring for seized animals from public agencies to the animals’ owners, H.B. 3682 embeds a concern for animal well-being into a framework historically focused on economic and property interests. This Comment argues that bond-or-forfeit statutes are part of a broader trend toward recognizing animals as sentient beings with welfare interests distinct from their owners’ property rights. …

Environmental Protection In War: Beyond Humans And Nature, Alexandra Huneeus, Pablo Rueda-Saiz

Articles

War is not just a human tragedy-it is an environmental catastrophe. Across the globe, armed conflicts leave behind oil-slickened rivers, poisoned soils, and forests reduced to barren landscapes. These harms last for generations, but they are not borne equally. The peoples who live most intimately with the land-drawing from it food, water, culture, and identity-suffer the most enduring losses. Their very existence as a people may be put at risk.

This Article asks: How have the laws of war addressed environmental destruction, and, more specifically, what protection do they afford to communities whose very existence is bound to the places …

Throwing The Supreme Court/Free Speech A Bone, Leah Litman

Reviews

Too often, our “free speech culture” gloms together private censorship and state-sponsored censorship. These things are not the same. Only one of them is prohibited by the First Amendment, and failing to differentiate between the two runs the risk of collapsing the distinction between censorship, on one hand, and on the other, private citizens exercising their own First Amendment rights (sometimes by choosing who to associate with or who to support).

Home Rule, Dillon’S Rule, And The Legal Shape Of Local Governance, Bradon J. Rothschild

National Policy Consensus Center Publications

Public policy in common law democracies such as the United States is dictated by many factors, which you might call streams or strands. While on the one hand the vox populi may insist on a certain action, governing coalitions of political leaders may deign another direction, or policy researchers may conclude a third option is better yet. All such options, however, are constrained by the legal parameters of governance as defined by constitutional, statutory, and case (jurisprudence, or stare decisis) law. Where these streams meet, public policy actions which are popularly supported, politically advantageous, technically effective, and (importantly) legal may …

Procedural Apartheid? How Racial Harassment Cases And Their Proponents Are Subject To Separate And Unequal Due Process, Suzette M. Malveaux

Scholarly Articles

This article makes three unique contributions. First, it introduces the theoretical framework and coins the term “procedural apartheid.” Simply put, when race is invoked as the basis for misconduct, procedural protection is meted out inequitably, often to the detriment of people of color. This phenomenon is situated in the law’s larger project to preference colorblindness over race-conscious ameliorative efforts. The article invites the reader to broadly consider where separate and unequal proceduralism exists because of the centrality of race. This article deploys the term “apartheid”—not literally, but strategically—to highlight the systemic legal and racial nature of this hierarchical divide.

Second, …

Continuity And Development In The Eschatological Sabbath: Themes In Seventh-Day Adventist Thought (1842–2020), Joseph Nesbit

Dissertations

The Topic

This dissertation explores continuity and development in the eschatological understanding of the seventh-day Sabbath within selected Adventist theological writings from its Millerite origins to the contemporary scholarship of Jo Ann Davidson. The eschatological aspects of the Sabbath have played a central role in both pioneer and contemporary Adventist thought, particularly in its identification as the seal of God in Revelation and as a sign of covenant loyalty in the final crisis. While this understanding has displayed remarkable continuity in its essential themes, it has also undergone significant maturation in tone, scope, and theological emphasis. By tracing both enduring …

A Phenomenological Qualitative Study Of The Experiences Of Board Chairs Toward Governance In Seventh-Day Adventist Schools Across Canada, Shad Lehmann

Dissertations

Problem

There is limited understanding of how school board chairs within the Canadian Seventh-day Adventist education system perceive and carry out their leadership and governance roles. The role of the board chair is complex, involving oversight of the organization, adherence to denominational policies, and alignment with the school’s academic and spiritual missions. Although effective governance is vital for school success, there remains a lack of clarity about how board chairs interpret their roles, fulfill their responsibilities, and navigate the unique demands of faith-based school leadership. This gap in understanding restricts the system’s ability to provide appropriate training, support, and clear …

The Symphony Of Justice: An Intertextual Study Of Social Justice Material Between The Torah And The Psalms, Daniel Gordan

Dissertations

Do passages dealing with social justice in the Torah and the Psalms together comprise an intentionally composed grand symphony, or do they merely form an ad hoc patchwork quilt in which their echoes of similarity are mere coincidences?1 Literary interactions between the Torah and the Prophets of the Hebrew Bible have been a focus of biblical scholarship, but the intertextual connections between the legal corpus of the Torah and poetry in Psalms have not received sufficient attention. Scholars have noticed some thematic similarities, but there are no systematic studies that analyze these interactions to determine whether they involve reuse and, …

Workplace Appearance Norms And The Shame Of Baldness: Implications For Consumer Behavior, Shiyun Chen, Achira Mudiyanselage, Terry S. Damron, Jaycie Luster

Atlantic Marketing Journal

In this research, we investigate how shame can affect consumer behavior. Specifically, we examine how baldness induced shame from workplace expectation and norms can affect consumer decision making related to the purchase of hairpieces and consumers’ preferences towards packaging of the product. Drawing on self-discrepancy theory, identity theory, shame and compensatory consumption research, we investigate the direct connection of shame and purchase intention, and the mediating roles of self-efficacy and the devaluation of masculine identity in shaping consumers’ responses to shame. We tested our hypothesis using survey-based experiments. Across two studies, we demonstrate that shame associated with baldness, positioned as …

Using Real-World Observational Data To Stratify Risk And Predict Outcomes In Chronic Liver Disease, Kristopher Bennett

Peninsula Medical School Theses

Background: Chronic liver disease (CLD) is increasing globally, driven by metabolic and alcohol-related aetiologies. Late diagnosis is common due to a prolonged, subclinical fibrotic phase preceding advanced disease (ACLD). Current pathways and cross-sectional fibrosis tests have poor sensitivity in low-prevalence settings and limited population-scale availability. Predicting future ACLD in primary care offers opportunities for earlier diagnosis and prevention, but few suitable clinical prediction models (CPMs) exist.Aim: To review existing general-population liver prediction models and develop CPMs for incident ACLD in unselected primary care populations using routinely collected data.Methods: A systematic review and PROBAST+AI appraisal of fourteen CPMs (median …

A Case Study Of California Postsecondary Faculty Collaboration On Rubric Development To Foster Student Learning, Emmanuel Kwadwo Frimpong

Dissertations

Although perceived as the ‘gold standard’ strategy for conquering complex problems, collaboration can be ignored by intellectuals who prefer to work independently. This oversight may occur even in the face of challenging problems such as assessment of scholarships, institutional effectiveness, strategizing, and even the crafting of effective rubrics for assessing student learning. The scholarly literature clearly reveals that real difficulties often refuse to respond to routine assignments or common bureaucratic patterns. Additionally, 21st century conflicts may require creative solutions involving interdependence, joining of forces and brains, or vision sharing. Effective assessment of student learning within higher education may reflect just …

Associating Emotional Intelligence, Cultural Intelligence, And Inclusive Leadership: A Correlational Study Of Seventh-Day Adventist Pastors And Church Leaders In Canada, Damson Anim Oppong

Dissertations

Problem

In an increasingly polarized world, church leaders are expected to foster inclusion, belonging, and unity within diverse congregations. Inclusive leadership (IL), supported by emotional intelligence (EQ) and cultural intelligence (CQ), may offer a relational leadership posture well-suited to this challenge. Growing evidence suggests that relational qualities such as EQ and CQ help leaders develop inclusive communities, foster belonging, and bridge differences (Thomas & Inkson, 2017; Wise, 2022). Emotional and cultural intelligence are studied increasingly in organizational settings, but little is known about how they affect inclusive leadership in faith-based institutions, such as among pastors and church leaders in the …

The Use Of Mindfulness In Empirically Supported Treatments In Psychology, Timothy Stewart

Antioch University Dissertations & Theses

After gaining popularity in the United States of America (USA) in the 1960s and 1970s, Buddhist mindfulness was introduced to clinical psychology and investigated for its potential psychological healing effects. In the years since, mindfulness has been widely used in empirically supported treatments (ESTs) in clinical psychology in the USA to treat a wide variety of psychological conditions and disorders. This dissertation examines and compares conceptualizations and implicit understandings of mindfulness in early (Theravāda) Buddhism and in ESTs in clinical psychology in the USA. Through textual narrative analysis of two Buddhist sutta and 10 clinical psychology journal articles, this study …

Beyonce´, The Womanist Entertainer: Womanism, Anti-Racism And Cultural Pride In Beyonce´ Knowles Carter’S Music, Nena Carpenter

Antioch University Dissertations & Theses

This research explores the latter portion of Beyoncé Knowles-Carter’s career and her distinguishing herself as a womanist/feminist icon. Beyoncé Knowles-Carter has been regarded as a popular music icon since her days as the lead singer in the R&B group Destiny's Child. The group’s music, including songs like "Say My Name" and "Independent Women", have often been recognized by cultural critics as empowerment anthems for women and girls. When Beyoncé performed at the Video Music Awards in 2014, the sample of Chimamanda Ngozi Adichie's 2013 Ted Talk on feminism in her song "Flawless" precipitated a more focused discourse about the authenticity …

Against Audiepistemic Injustice: Claiming Deaf Futurity, Pamela R. Conley

Antioch University Dissertations & Theses

This dissertation proposes a new theoretical framework: Audiepistemic Injustice (AEI). Expanding upon existing theories of epistemic injustice (EI), I identify AEI as the systemic marginalization and dismissal of deaf ways of knowing. AEI is a multidimensional phenomenon rooted in the nineteenth century, when auditory and linguistic biases became codified across education, law, and literature. This interdisciplinary study interrogates three nineteenth-century literary narratives as primary case studies to examine AEI: (1) Ivan Turgenev’s “Mumu,” (2) Guy de Maupassant’s “The Deaf Mute,” and (3) Abigail Bradley Hyde’s “The Deaf and Dumb Child: A True Narrative.” I synthesize these literary works with legal …

Good News For The Poor And More: Reclaiming Martin Luther King, Jr.'S Radical Gospel Of Economic Justice In Pursuit Of The Beloved Community, Lester A. Mccorn

Antioch University Dissertations & Theses

This dissertation, Good News for the Poor and More: Reclaiming Martin Luther King Jr.’s Radical Gospel of Economic Justice in Pursuit of the Beloved Community, argues that Martin Luther King Jr.—one of the most transformational American leaders of the 20th century—should be best understood as a central figure within the Black Social Gospel tradition whose rhetoric constitutes a sustained socio-political and theological critique of economic injustice. Moving beyond interpretations that limit King to racial integration and civil rights, this study demonstrates that his preaching confronts the structural realities of poverty, racial capitalism, and militarism as interrelated forms of systemic …

Lease Capitalization And Financial Flexibility: An Empirical Investigation Of Asc 842’S Impact On Liquidity In The Us Telecommunications Industry, Caleb J. Martin

Doctor of Business Administration Dissertations

Measures of liquidity are some of the most important financial ratios to analyze when measuring a firm’s overall financial health and its ability to pay both creditors and dividends. The US telecommunications industry is an industry that has become synonymous with dividends, mergers, and acquisitions, all of which are possible due to industry wide and firm specific liquidity. With the implementation of ASC 842 and the new standard of placing operational leases on the balance sheet, additional research may be warranted to determine the effect ASC 842 may have on firm liquidity. This study investigated whether there was evidence to …

Adequate Representation In Group Litigation, Elizabeth Chamblee Burch

Scholarly Works

This article examines the inherent tension between the legal system's desire for "global peace" (finality) and the constitutional requirement for adequate representation in collective lawsuits. While Rule 23 class actions provide structural safeguards—such as judicial oversight of counsel and settlement, and opt-out rights—alternative mechanisms like multidistrict litigation (MDL) and parens patriae suits often lack these protections . Using the In re National Prescription Opiate Litigation as a primary case study, the article illustrates how informal, "backroom" leadership selection in MDLs empowers a small circle of elite "repeat players" at the expense of marginalized groups, such as Native American tribes and …

Taxing Ai, Assaf Harpaz

Scholarly Works

Artificial intelligence (AI) is poised to transform the distribution and sources of income, with some experts predicting widespread job displacement. Even under optimistic projections, AI is expected to exacerbate wealth inequality, given that the technology’s ownership and immense value are concentrated within a subset of Big Tech companies and AI startups. These outcomes will have far-reaching impacts on the federal tax system, which heavily relies on taxing individual labor income and payroll, rather than capital or consumption.

This Article argues that AI threatens to disrupt the tax system’s ability to fulfill its fundamental goals of raising revenue, redistributing income, and …

From Privacy To The Data Economy: The Ftc’S Reframing Of Its Regulatory Priorities, Maria P. Angel

Scholarly Works

This Article argues that the Federal Trade Commission’s turn to “commercial surveillance” reflects a strategic shift away from traditional privacy frameworks toward addressing structural power dynamics in the data economy. Drawing on an analysis of 112 FTC documents, it identifies three core commitments: tackling systemic harms, adopting a political economy lens, and constraining corporate power. The Article contends that this reframing is both necessary in the AI age and should influence the future of privacy regulation in the United States, even amid efforts to limit the FTC’s authority.

Qui Tam Legislation And Article Ii: State Constitutional Precursors To The “Take Care” Clause, Randy Beck

Scholarly Works

Anglo-American legislation since the fourteenth century has often authorized “popular” or “qui tam” enforcement, in which an uninjured “common informer” litigates to collect a forfeiture for violation of a statute. Popular enforcement has become considerably less common than in earlier centuries, but remains important because of the qui tam provisions of the federal False Claims Act (FCA). In Vermont Agency of Natural Resources v. United States ex rel. Stevens, the Supreme Court rejected an Article III standing challenge to qui tam litigation, concluding that the long history of popular enforcement means qui tam suits present cognizable “cases and controversies of …

Abandoning Press Freedom, Ronnell Andersen Jones, Sonja R. West

Scholarly Works

Among elected officials and the broader public, attitudes toward the press are deeply polarized along ideological lines. Polling shows that most liberals favor the press, while conservatives view it more negatively— a partisan divide that has widened significantly over the past decade. Conventional wisdom suggests that the same ideological split is also at work at the Supreme Court, with liberal Justices championing the work of the press while their conservative colleagues express more skepticism. This perception is reinforced by historical examples of liberal Justices advancing press rights alongside broader democracy-engagement and social-justice issues. Recent calls from some conservative Justices to …

Digital Reuse And Online Availability Of Visual Artworks, Paul J. Heald, Matthias Sahli, Alexander Cuntz

Scholarly Works

We study how copyright impacts the distribution and reuse of images in the visual arts sector, exploiting the discontinuity at the 1926 US public domain cutoff together with cross-country variation between US and European museums. We find that public domain status raises artist-level image availability on Useum, a major image aggregator, by approximately 19 percent relative to comparable copyrighted artworks. Onward reuse of Useum images across the web is substantial - an artwork image appears on 76 additional web pages on average - and is higher for public domain artworks, though estimates are statistically significant only in some specifications. Moreover, …

Gienapp's Big Book: Conceptual Rupture, Modernism, And The End Of Originalism, Logan E. Sawyer Iii

Scholarly Works

For decades, we have lived in an age of partisan jurisprudence, in which nearly every Republican has embraced originalism, and nearly every Democrat has rejected it. One can mark the start of that era in multiple places, but one good choice is November 11th, 1977. That day, in the pages of National Review, William F. Buckley previewed Government by Judiciary, Raoul Berger’s originalist critique of the Warren Court’s rights revolution. The review, entitled “Berger’s Big Book,” was highly complimentary. Berger’s rebuke of Warren Court activism was, Buckley thought, “devastating.” And he was not alone. Following the publication of Government by …

State Medical Licenses Without Borders, Meighan Parker

Scholarly Works

Access to health care in the United States is undermined by a maldistribution of physicians, and state medical licensure remains a barrier to correcting this issue, despite legal reforms that attempt to streamline physician licensure pathways. Geographic distribution gaps can have serious consequences in rural areas, such as poor health outcomes, reduced access to care, and further entrenchment of health disparities.

On the bright side, physicians can potentially use telemedicine to help improve geographic distribution gaps through the provision of clinically appropriate, virtual care across state lines. But states have traditionally required physicians, even those who are currently licensed in …

Workers’ Empowerment As U.S. Trade Policy, Desiree Leclercq

Scholarly Works

U.S. trade policy stands at an inflection point. The Biden administration’s “worker-centered” trade policy promised to empower foreign workers to improve employment and living standards globally, but it linked its trade assistance to political allies. The Trump administration’s “America First” trade policy promises to use tariffs and isolationism to protect and empower U.S. workers, but it is fostering antagonism rather than cooperation in trade. Both policies, while sharply diverging at the edges, recognize that U.S. trade policy affects employment opportunities in the United States. Both policies also critically overlook the relationship between the treatment of workers in trade partner countries, …

Press Freedom's History And Tradition, Ronnell Andersen Jones, Sonja R. West

Scholarly Works

Backward-looking, history-and-tradition analysis is gaining greater prominence at the U.S. Supreme Court. While the Court has not yet explicitly applied its history-and-tradition framework to press freedom questions, the methodology’s dominance across other areas, coupled with some urgent concerns about the scope of newsgatherer protections and some Justices’ interest in reconsidering long-established precedent, suggest that this application could be imminent. In anticipation of that moment, we set out to empirically map the Court’s engagement with the history and tradition of press freedom in its rhetoric over time. Our goals were to explore, both quantitatively and qualitatively, how the Court’s Justices have …

A More Perfect Union? (Reviewing Erwin Chemerinsky, No Democracy Lasts Forever: How The Constitution Threatens The United States (2024)), Neil Fulton

South Dakota Law Review

It is a bold claim that the United States Constitution is a threat to democracy in the United States. It is certainly a claim that most would reject outright or be highly skeptical of at least. It is, however, exactly the claim that Erwin Chemerinsky makes in his book No Democracy Lasts Forever.

Erwin Chemerinsky is a prolific scholar, particularly of constitutional law. It is not surprising that he would produce a timely, topical, and thought-provoking book on the subject. What is surprising is his fundamental premise that the Constitution itself threatens democracy in the United States today. This provocative …