Digital Commons Network^™

Deference Due? “Considers” And The Insurrection Act, Joshua Braver

Emory Law Journal

This Article offers a sustained statutory interpretation of the Insurrection Act, with a particular focus on judicial deference. The Insurrection Act is the principal statutory authority for deploying, under presidential command, the military on America’s streets to enforce federal law. The conventional wisdom and recent circuit court decisions about an analogous statute give “great deference” to the President’s determinations that the statute’s deployment triggers are satisfied.

This Article argues, however, that courts do not owe “great” deference when the President seeks to deploy the military domestically under three of the Insurrection Act’s four trigger provisions. The exception is Section 252’s …

Disarming The Discretionary Function Exception: Reform For Ftca Claims Against Federal Law Enforcement, Justin R. Harvey

Emory Law Journal

Federal law enforcement agencies often make mistakes but rarely pay for them. The Federal Tort Claims Act (FTCA) is the main avenue for plaintiffs to sue the federal government for tort damages when wrongfully harmed. However, distinct procedural requirements in the FTCA limit the federal government’s liability. Notably, the FTCA’s “discretionary function exception” blocks claims arising from protected exercises of discretion by government officials, even when courts find that federal agents abused their discretion. Federal courts have struggled to apply this exception across government activity, particularly in claims against federal law enforcement—where the exception has morphed into a broad presumption …

Unplanned Obsolescence: The Dismantling Of Inter Partes Review At The U.S. Patent And Trademark Office, And What To Do About It, Elizabeth R. Ward

Emory Law Journal

Inter Partes Review (IPR), one of a set of administrative mechanisms used to review the validity of a patent after it has been granted, was once considered a key tool for patent litigators as an alternative to district court litigation. Beginning in early 2025, the U.S. Patent and Trademark Office (USPTO) Director introduced a series of administrative rule changes involving “discretionary denial,” or the ability to deny institution of IPR proceedings. As a result, IPR has been rendered nearly unusable: the institution rate for an IPR petition has fallen from 68% in 2024 to 4% as of December 2025.

This …

Warhammer Serial Paratext: A Games Workshop Business Strategy, Neal Baker, Devaney Tennille Mosier

Information Studies Undergraduate Works

Games Workshop (GW) is a top 100 British company known for their Warhammer brand. Almost no attention has been paid to GW business strategy, however, in academic or management practitioner literature. This study addresses the analytical gap by examining how GW monetizes serial paratext over time. It connects GW's 1994–2002 magazine, The Citadel Journal, to the company's Warhammer+ digital platform TV content (2021–present) and references White Dwarf magazine (1977–present). We use reflexive thematic analysis to demonstrate seven GW paratext themes across decades. While the overall themes remain consistent, we identify changes in emphasis. For example, GW experiments with more …

Building A Common Language For Diaper Dermatitis Assessment: A Nurse Education Quality Improvement Project Using The Visscher Skin Integrity (Vsis) Scale In A Safety-Net Nicu, Kishorie Weingart, Michelle Hart, Alyssa Garcia, Naomi Del Barrio

ELMSN E-Portfolio. A collection of Scholarly and Creative Works

Globally, skin injury related to diaper dermatitis remains a pervasive yet preventable threat to neonatal patients (Jaieyoba and Visscher, 2025). In fact, the Jani et.al. 2022 study found that diaper dermatitis is the most frequently reported skin injury in premature infant patients across NICU units globally at 39%, with NICU patients in North America having a significantly higher rate of diaper dermatitis of 62%, juxtaposed to European NICU patients at 31% (Jani et.al., 2022). However, numerous studies found that implementation of a standardized skin assessment tool was a key factor in reducing rates and/or severity of perineal skin injury (Ahmadizadeh …

Anti-Zionism, Antisemitism, Antidiscrimination, Zalman Rothschild

Articles

This Article uses recent anti-Zionism cases as a case study in hostile environment causation. It briefly surveys the approaches to the causation element that courts have taken in other contexts and then examines the anti-Zionism decisions in detail. It finds that courts in these cases have consistently converged on the narrowest variant of the motive-based approach, treating proof of animus—subjective hostility toward Jews—as the operative route to causation. That approach has its attractions. It preserves breathing space for political speech and resists the claim that opposition to Zionism is necessarily hostility toward Jews. But it is not the only approach …

Richmond Electronic Monitoring: The City Sees You While You're Sleeping, Fakira D. Johnson

Law Student Publications

The United States has increasingly recognized its reputation as a prison state, with widespread acknowledgment of its high incarceration rates. As of 2021, the United States imprisoned one out of every five prisoners in the world. Additionally, of its own population, the United States imprisoned one out of every one hundred people.

In response to this notoriety, worsening prison overcrowding, and the heightened risks posed by the COVID-19 pandemic, all fifty states, the District of Columbia, and the federal government increased their utilization of alternative measures to traditional incarceration. As both an addition and an alternative to traditional incarceration, criminal …

Perceived Autonomy To Exercise Rights: Race And Ethnicity And Citizenship In Consent Searches, Srishti Katuri

Electronic Theses & Dissertations (2024 - present)

Consent searches—police searches conducted with an individual’s permission—constitute the majority of warrantless searches in the United States. Although these encounters are legally described as voluntary, scholars have long questioned whether civilians truly feel free to refuse an officer’s request to conduct a search. The present study examined how race and ethnicity and citizenship status influence civilians’ consent decisions and perceived freedom to deny consent in a hypothetical police encounter. A community sample of 191 adults from New York State read a vignette in which a police officer requested to search their backpack. Then, participants reported their ideal and anticipated consent …

Nanostructured Cathode Catalysts For Aem Electrolysis: From Catalyst Design To Degradation And Hydrogen Dynamics, Yamini Kumaran

Electronic Theses & Dissertations (2024 - present)

Anion exchange membrane water electrolysis (AEMWE) presents a promising pathway toward cost-effective and sustainable hydrogen production by integrating the chemical robustness of alkaline systems with the compact, zero-gap design of proton exchange membrane electrolyzers. However, the widespread implementation of AEMWE is limited by the availability of highly active and durable platinum-group-metal (PGM)-free catalysts and by an incomplete understanding of their degradation behavior under realistic operating conditions.

This dissertation focuses on the development, characterization, and mechanistic investigation of nanostructured MoNi₄–MoO₂-based electrodes for efficient and stable hydrogen generation under alkaline and membrane-integrated environments. MoNi₄–MoO₂ nanorods …

After The Aid Boom: Government Responses To The Global Health Agenda And Political Commitment In Low- And Middle-Income Countries, Sana Abdelkarim

Electronic Theses & Dissertations (2024 - present)

How do governments respond to the global health agenda? Does external health assistance translate to sustained domestic political commitment in low- and middle-income countries? Over the past three decades, development assistance for health has expanded, accompanied by international agreements emphasizing country ownership, alignment, and domestic resource mobilization. Yet domestic fiscal commitment to health remains uneven across countries. These questions have become more pressing as the global aid landscape enters a period of contraction, with a significant decline in development assistance, including health financing, raising concerns about the sustainability of health systems that have become reliant on external support.  This raises …

A Multi-Omic Approach For Understanding The Individual Roles Of Atf4 And Atf3 Upon Induction Of Different Branches Of The Integrated Stress Response, Elianna T. Cruz González

Electronic Theses & Dissertations (2024 - present)

The integrated stress response (ISR) is a critical cellular pathway that coordinates adaptation to various stressors, including endoplasmic reticulum (ER) stress, amino acid (AA) starvation, heme deficiency, and viral infection. Central to this pathway are the transcription factors ATF4 and its downstream target ATF3, which regulate gene expression programs that influence cell survival, metabolism, and immune responses. While previous studies have identified ATF3 as an antiviral factor during Zika virus (ZIKV) infection, the broader relationship between ATF3 and ATF4 across multiple branches of the ISR remains incompletely understood.

In this study, I employed multi-omic approaches to characterize the roles of …

From Sparks To Insights: An Aggregate Analysis On Arson And Explosive Data Reporting Published By The Atf (2014-2024), Zahra A. Khan

Electronic Theses & Dissertations (2024 - present)

This thesis provides an aggregate assessment of arson and explosives incidents reported by the Bureau of Alcohol, Firearms, and Tobacco, from 2014 to 2024. This thesis is written to highlight trends, investigative outcomes, and evolving patterns of criminal activity. Analysis of the data reveals notable shifts in incident frequencies, data distributions, and case resolution rates. This suggests both emerging technologies and changing operational dynamics that have affected long-term trends in arson and explosive incidents. Variations in incident types and investigative outcomes underscore the interplay between law enforcement priorities, resource allocation, and reporting practices over the ten-year period. The study also …

Informationally-Optimal Measurements On Single-Qubit Systems, Adam V. Preston

Electronic Theses & Dissertations (2024 - present)

This thesis will focus on deriving informationally-optimal quantum state tomographic measurements on single-qubit systems, with the definition of informationally optimal to be defined as those measurements which maximize the average information gain. The informationally-optimal measurements that will be covered include projective measurements (formally building off of the work of [1] and putting it on firm, information-theoretic foundations), and more general types of quantum measurements called directional (also known as rank-one) positive operator-valued measure (POVM) measurements, and, finally, adaptive directional POVM measurements.

For projective measurements, we build on the work of Wootters and Fields ([1]) and show, via analytical methods and …

Molecular Diffusion In Chemically Amplified Resists For Euv Lithography, Eshan Dilina Thilakarathna

Electronic Theses & Dissertations (2024 - present)

Photolithography is a critical manufacturing step in high-volume manufacturing (HVM) of semiconductor devices, where a photoresist layer is used to transfer nanoscale patterns onto the underlying stack materials. As the microelectronics industry continues to move toward smaller node sizes, driven by Moore's Law. As a result, the tolerances for photoresist performance have become increasingly demanding, which necessitates simultaneous improvements in resolution, defectivity, and roughness. At advanced nodes, these performance limitations are governed by the fundamental stochastic nature of the photochemical processes occurring within the resist film itself, rather than the optical or tool-level constraints. Photon shot noise, the statistical distribution …

On Quantum Processes And The Epistemic Constraints, Varun Immanuel Premkumar Immanuel

Electronic Theses & Dissertations (2024 - present)

This doctoral dissertation on the foundations of quantum theory tells the story of a conceptual protagonist I have called “Epistemic Constraint.” Here, epistemic constraints are the definite, intersubjectively agreeable, ordinary-language conditions under which experiments are described.

The usual formulation of the quantum measurement problem, which I call the Schrodingerian measurement problem, has the structure of an anomaly: if we take quantum theory at face value, we expect no definite values, and yet we see definite values in experiments. The responses to this problem have been either to solve it or to dissolve it. These responses, which have taken the form …

Dynamic Effects Of Economic Shocks Under Uncertainty, Seojin Jung

Electronic Theses & Dissertations (2024 - present)

This dissertation studies the dynamic effects of economic shocks under uncertainty across three self-contained essays.

The first essay introduces a two-stage model averaging estimator for impulse response functions that flexibly combines local projection (LP) and vector autoregression (VAR) methods, as well as different statistical paradigms (Bayesian or frequentist). In the first stage, we compute weights within the LP and VAR groups. A second-stage weight then integrates the two groups by accounting for their structural differences and incorporating their respective strengths. Monte Carlo simulations illustrate a typical bias-variance trade-off: LP-based estimators tend to exhibit lower bias, whereas VAR-based estimators display lower …

Seeing Anxiety: Ecological Video Ethnography And Simulation To Understand Anxiety And Decision-Making In Dental Care, Mona Nasser, Hannah Drayson, Sally Hanks, Nicholas Peres, Michael Punt

Peninsula Dental School

BACKGROUND: Dental anxiety is a widespread barrier to care, often contributing to appointment avoidance, treatment disruption, and emotional strain for both patients and clinicians. While extensively studied as a psychological trait, less attention has been paid to how anxiety manifests situationally and relationally, through non-verbal, affective, and spatial cues within clinical encounters. Moreover, in certain contexts, such affective signals can intersect with decision-making processes, shaping how patients interpret, engage with, or withdraw from clinical choices.

OBJECTIVE: To explore how anxiety manifests within the micro-choreography of dental encounters, develop a taxonomy of 'anxious tells', and assess the utility of ecological video …

Affirmatively Misled: The Commutation Instruction That Distorted Louisiana’S Death Penalty, G. Ben Cohen

Akron Law Faculty Publications

In 1997, Louisiana voters amended the state constitution to mandate that capital juries be instructed on the governor’s power to commute life and death sentences. This amendment, urged by the Louisiana District Attorneys Association, followed a Louisiana Supreme Court ruling that found an earlier clemency instruction violated the state constitution.     The instruction was fundamentally false. Louisiana governors, it turns out, lacked the unilateral authority to commute sentences; such actions require a favorable vote from the Parole Board. This reality became starkly clear in 2023, when the clemency petitions of fifty-six condemned prisoners—many sentenced by juries affirmatively given this instruction—were terminated …

Just Prosecution, G. Ben Cohen

Akron Law Faculty Publications

Prosecutors were once envisioned as the heroes of the criminal legal system, wielding immense power to secure justice. Yet their role remained largely untethered to a coherent, principled framework. Without clear guardrails, traditional prosecution contributed to mass incarceration, racial disparities, and punitive excesses. Progressive prosecution sought to redress these deficiencies, but a lack of cohesive theoretical grounding, accompanied by a divestiture of power, left prosecutions weak. Reform was fragmented by electoral pressures but remained subject to abolitionist critiques. This article asks readers to consider the idea of Just Prosecution as a way of reimagining the prosecutor’s role—raising the question of …

Activist Judicial Restraints, Michael Gentithes

Akron Law Faculty Publications

For decades, jurists and scholars have touted the virtues of judicial restraint—a characteristic of judges who only adjudicate issues they are competent to resolve, thereby avoiding political thickets and preserving their authority. Judicial restraint is ingrained in justiciability doctrines that emanate from Article III of the Constitution. When applied evenhandedly, standing requirements, the political question doctrine, and prudential manageability prerequisites to litigation help the Court maintain an appropriately restrained docket.

The Roberts Court falls well short of this restrained ideal in potentially dangerous and destructive ways. The Court has changed justiciability doctrines into “activist judicial restraints” that, rather than avoiding …

The Lived Experiences Of Counselors Working With Adults Suffering From Major Depression In Nursing Home Facilities. A Qualitative Phenomenological Study Grounded In A Wellness Perspective, Melissa Arguelles De Jesus

All Student Theses and Dissertations

There is new knowledge that major depression disorder (MDD), specifically, is one of the most encountered mental health diagnoses assigned among older adult residents who live in a nursing home (NH) setting (Matos Queiros et al., 2021). Antidepressants are known to be the main improvement factor and optimal management for treating depression; however, consideration for other treatment modalities continues to be explored (Voineskos et al., 2020). Wellness counseling, which is known to foster a person-centered approach, may help NH residents develop coping skills to enhance both overall welfare and everyday functioning across multiple domains. Residents can be empowered as decision …

Front Matter: The State Of The Region, Hampton Roads 2026, Dragas Center For Economic Analysis And Policy, Old Dominion University

State of the Region Reports: Hampton Roads

Cover, Front Matter, Table of Contents, Sponsors, and other materials for the 2026 The State of the Region Report authored by the Center for Economic Analysis and Policy at Old Dominion University.

Part 2: Divergent Paths? Rising Defense Spending And Headwinds For The Port And Tourism, Dragas Center For Economic Analysis And Policy, Old Dominion University

State of the Region Reports: Hampton Roads

The most recent economic data shows that the three-legged stool is tilting under the weight of conflicting economic policies. National defense spending has continued to expand, and we expect that, as a result, defense spending in Hampton Roads will also rise in the coming years. Declines in federal civilian employment will limit these gains, and the defense industrial base in the region faces an existential threat from the rise of uncrewed systems on the modern battlefield. The Port of Virginia performed well, gaining market share, but higher tariffs have negatively impacted the dollar volume of trade flowing through the Port. …

Part 3: Early Childhood Care And Education In Hampton Roads, Dragas Center For Economic Analysis And Policy, Old Dominion University

State of the Region Reports: Hampton Roads

The economic and social consequences of inadequate early childhood care and education (ECCE) are, by now, well known—but the problem is notoriously difficult to solve. To many working families, the quest for affordable, high-quality care seems hopeless. However, it is also true that our regional leaders are increasingly prioritizing this issue and are working together with early childhood experts to develop viable solutions. This chapter discusses ECCE from an economic perspective and explores why this market is so challenging to reform.

The State Of The Region: Hampton Roads 2026, Dragas Center For Economic Analysis And Policy, Old Dominion University, Vinod Agarwal, Josh Andrews, Andrea Barcenas, Barbara A. Blake, Leora Friedman, Elizabeth Janik, Angela Kwao, James V. Koch, Feng Lian, Nathan Moore, Melody Nguyen, Terry Parker, Mohamed Rahoui, Ashley Russ, Robert Mcnab

State of the Region Reports: Hampton Roads

This is Old Dominion University’s 27th annual State of the Region: Hampton Roads Report. While it represents the work of many people connected in various ways to the university, the report does not constitute an official viewpoint of Old Dominion, its president, Brian Hemphill, Ph.D., the Board of Visitors, the Strome College of Business, or the generous donors who support the activities of the Dragas Center for Economic Analysis and Policy.

This year’s report provides an opportunity to reflect on the region’s recent economic performance and ask how changes in federal trade, immigration, civilian employment, and spending policy have impacted …

Reaching The Finish Line: Teacher Perceptions Of Intervention Strategies To Reduce Dropouts And Improve Student Engagement In Rural Schools, Carter J. Baran

Doctor of Education Dissertations

The purpose of this qualitative study was to examine educator perceptions of intervention strategies designed to reduce student dropout rates and improve student engagement in rural school settings. Rural schools often face unique challenges, including limited resources, geographic isolation, and socioeconomic factors that may contribute to student disengagement and increased dropout risk. This study sought to identify strategies educators perceive as effective in supporting at-risk students and promoting persistence toward graduation. Data were collected through 18 semi-structured interviews with educators in a rural school district, including six core content teachers, six elective teachers, and six administrators. Following the interviews, a …

Exploring The Role Of Phonics Within A One-On-One Early Literacy Intervention, Katherine W. Herring

Doctor of Education Dissertations

Literacy is a strong predictor of academic achievement and long-term success beyond the school years; Therefore, educators must have access to a broad range of instructional resources, including evidence-based intervention models, to address students' diverse literacy needs. This study examined the role of phonics within a one-on-one Early Literacy Intervention, explored teachers’ understanding and experiences implementing phonics instruction in that context, and compared the phonics skills of students who successfully completed the intervention with those of the average first-grade student. Using a convergent parallel mixed methods design, the study integrated quantitative and qualitative data to provide a comprehensive analysis. Findings …

Understanding Teacher Self-Efficacy And Its Influence On Teacher Effectiveness: An Interpretative Phenomenological Analysis-An Extension, Valene Williams

Doctor of Education Dissertations

This study examined teacher self-efficacy and its influence on instructional effectiveness within a high school mathematics context. The study was grounded in the work of Bandura (1997), in addition to an extension of Benitez's (2020) research. This replication-by-extension study sought to explore how teachers’ lived experiences shape their self-efficacy beliefs and how those beliefs influence classroom practice. The study addressed two research questions: (a) What can we learn about self-efficacy sources from teachers’ experiences? and (b) How do teachers’ self-efficacy beliefs influence their effectiveness? This research is important given ongoing concerns regarding mathematics achievement and the role of teacher beliefs …

Building The Foundation: Retention And Recruiting Strategies For Small Handyman Companies, Shaunne U. Hall

Doctor of Education Dissertations

This dissertation examines the dire release of retention and recruiting strategies within the context of small handyman companies, a sector often overlooked in existing literature. The foundation of any successful handyman establishment lies in its ability to attract and retain skilled personnel amidst a competitive market landscape, yet small handyman businesses face unique challenges in this regard, including limited resources and a lack of comprehensive strategies tailored to their individual needs. Drawing upon a mixed methods approach, this study explored the factors shaping employee retention and recruitment within small handyman companies. Through qualitative interviews with key stakeholders and quantitative surveys …

Targeting Ptp4a3 And Kvx-053 Mitigates Alcohol-Amplified Sars-Cov-2 Spike Protein-Induced Acute Lung Injury, Pavel A. Solopov, Ruben Manuel Luciano Colunga Biancatelli, Elizabeth R. Sharlow, John S. Lazo, John D. Catavas

Bioelectrics Publications

Introduction: Chronic alcohol exposure is associated with increased vulnerability to acute respiratory distress syndrome (ARDS), and emerging evidence suggests that this susceptibility extends to the severe respiratory manifestations of COVID- 19. The SARS-CoV-2 Spike Protein S1 subunit (S1SP) can independently trigger robust inflammatory and vascular injury responses in the lung, and our prior work demonstrated that chronic alcohol consumption markedly intensifies these effects in mice. PTP4A3 phosphatase is a key regulator of inflammation and endothelial barrier function. In this study, we investigated whether the PTP4A3 inhibitor KVX-053 can counteract alcohol-enhanced S1SP-induced lung injury in K18-hACE2 mice.

Methods: Animals were maintained …