Digital Commons Network^™

Constructing The Establishment Clause, Vincent Phillip Muñoz, Kate Hardiman Rhodes

Loyola University Chicago Law Journal

In this Article, we attempt to document how the history of the Supreme Court’s Establishment Clause jurisprudence is a history of constructionism, much of it—though not all—originalist in flavor. We use “construction” in a technical sense and in contradistinction to “interpretation.” Construction is the act of importing meaning into the constitutional text. To document and explain how leading Supreme Court justices have engaged in originalist constructionism, we employ the interpretation-construction distinction as well as two additional analytical concepts recently discussed by leading legal scholars: Sam Bray’s recovery of “the mischief rule” and Jack Balkin’s textual typology of principles, standards, and …

The Death And Resurrection Of Establishment Doctrine, Gerard V. Bradley

Duquesne Law Review

Lead Article

The biggest news of the Supreme Court's 2021-22 term was the Court's "abandonment" of Lemon v. Kurtzman as the default test for Establishment Clause jurisprudence. For a full half-century, Lemon v. Kurtzman defined what our constitutional separation of church and state meant. But now the Court has definitively laid it to rest. The important question of church-state relations stands at a strategic fork in the road that the Court has not faced since 1962, and perhaps not since 1947. Justice Gorsuch complained that Lemon demonstrably failed as law. That it was a judicial tool that flopped by every …

"We Don't Know What We Want": The Tug Between Rights And Public Health Online, Jonathan Zittrain

Duquesne Law Review

Twitter and Facebook boast billions of subscribers, many of whom are real people. The companies are also roundly hated, particularly by tech experts-at least those who follow them for something other than their stock performance.¹ Objections to platforms' behavior are commonly expressed as amazement that they could be so obviously and consistently wrong in failing to police awful content their users post. There is also amazement about unobjectionable posts and comments from users that they take down.² That, in turn, has led to pressure for regulatory initiatives to push the companies into doing what they so clearly ought …

The Pricelessness Of Life Vs. Profiting From Illness: A Call For Change To The Pricing Model For Lifesaving Drugs In The United States, Aubri L. Swank

Duquesne Law Review

Pharmaceutical drug prices in the United States are at the highest costs yet seen, and it looks like these prices are still continuing to climb. While people in the United States are struggling to pay for necessary medications, the prices of those same medications are drastically lower in other countries.

This Article directly analyzes the issue of pharmaceutical pricing in the United States through two specific lifesaving drugs, insulin and epinephrine. Both drugs are prescriptions required to keep some people alive, and both are related to manufacturing companies with questionable, overwhelming control of the markets. While there has been recent …

Ipbes Invasive Alien Species Assessment: Chapter 1. Introducing Biological Invasions And The Ipbes Thematic Assessment Of Invasive Alien Species And Their Control, Helen E. Roy, Aníbal Pauchard, Peter Stoett, Tanara Renard Truong, Tatsiana Lipinskaya, Joana R. Vincete, Sven Bacher, Cebuan Bliss, James M. Bullock, Morelia Camacho-Cervantes, Franck Courchamp, Chika Egawa, Llewellyn C. Foxcroft, Bella S. Galil, Ankila J. Hiremath, Patricia L. Howard, Bernd Lenzner, Cristina Lima, Ângela Lomba, Laura A. Meyerson, Carolina L. Morales, Harriet Neal, Martin A. Nuñez, Alejandro Ordonez, Eva Pinto, Rajindra Puri, Petr Pyšek, David M. Richardson, Sophie Riley, Betty J. Rono, Hanieh Saeedi, Andy W. Sheppard, Daniel Simberloff, Charles Van Rees, Sonia Vanderhoeven, A. Sofia Vaz, Montserrat Vilà, Rafael D. Zenni

Natural Resources Science Faculty Publications

Chapter 1: Introducing biological invasions and the IPBES thematic assessment of invasive alien species and their control of the Thematic Assessment Report on Invasive Alien Species and their Control of the Intergovernmental Science-Policy Platform on Biodiversity and Ecosystem Services.

The Impact Of Trauma On The Learning And Development Of Students Receiving Special Education Services, Mikayla M. Bebeau

All Electronic Theses and Dissertations

Childhood trauma is known as a health crisis in America. Trauma can be defined in multiple different ways, can be displayed in different behaviors, and can be supported within school if done so appropriately. Within this literature review thesis, trauma is defined in different ways. It also evaluates the different symptoms that students might bring into the classroom as a result of the adverse childhood experience. This literature review evaluates the different ways to support children of trauma, whether they receive general education or special education support through the different recommendations of trauma-informed education and creating supportive environments.

Analysis Of Lepilemur Edwardsi Seasonal Acoustic Activity, Samantha Henry

Honors Undergraduate Theses

Passive acoustic monitoring (PAM) has historically been used as a noninvasive technique to study biodiversity, activity patterns, distribution, and species dispersal. The use of acoustic data has expanded in ecological research; however, studies focusing on primates are underrepresented, especially for nocturnal species. This study seeks to increase the understanding of acoustic activity in the nocturnal Milne-Edwards' sportive lemur (Lepilemur edwardsi). This species is endangered and endemic to the lowland dry forests in northwest Madagascar. Specifically, this study aims to describe the daily and annual acoustic activity patterns of the L. edwardsi. The PAM survey was conducted using …

A Cross-Cultural Exploration: Global Methods Of Contraception And Family Planning, Cora Pereira

Undergraduate Review

In today's world, women are attempting to take control of their reproductive choices. Some have been met with roadblocks that may prohibit or limit access to women's healthcare centers and family planning services. This research explores women’s reproductive health and contraception usage and the impact of cultural influences globally. Cultural adversities may overshadow the benefits of having access to healthcare facilities along with contributing to the circulation of inaccurate information. This may prevent or deter women from accessing healthcare facilities and methods of family planning. Understanding variation in the United States and in other cultures will contribute to the global …

Mental Illness And Creativity In The Selected Poetry Of Robert Lowell And Anne Sexton, Nicholas Huard

Undergraduate Review

No abstract provided.

The American Doctor’S Villainization Of Childless Women During The Nineteenth Century, Victoria Knox

Undergraduate Review

No abstract provided.

Growth And Survival Of Amphibians Exposed To Road Salt And Glyphosate-Based Herbicide, Jerica Eaton

Mahurin Honors College Capstone Experience/Thesis Projects

Amphibian populations are threatened by increasing levels of environmental pollution resulting from human activities. Areas with mixed land use that include agriculture and urban development experience increased contamination from surface herbicide and road deicer application. Upon entering water sources, these chemicals have the capacity to disrupt the natural dynamics of aquatic ecosystems. This study aimed to evaluate the effects of these contaminants on amphibian populations. I used the spotted salamander (Ambystoma maculatum) as a model, rearing larvae from hatching to metamorphosis. I subjected larvae in each of the treatment groups to varying levels of herbicide and salt concentrations. …

Terror Management Theory And Legislation: An Analysis Of How Patterns Evolve And Change, Elizabeth Roth

Mahurin Honors College Capstone Experience/Thesis Projects

Recent legislation passed in states including Georgia, Florida, and Kentucky have included clauses that govern “divisive” material and the manner in which this material is discussed, particularly in schools. The term “divisive” is never truly defined beyond content that is “patently offensive to prevailing standards.” The emphasis has been placed on the fact that students should not be biased by the information that they are taught or allowed to access, but definitions are lax as to what constitutes inappropriate information. The loose criteria as to what counts as “unsuitable” opens up divisive material to easy censorship based on partisan and …

A Study Of Public Opinion: The Importance Of Mental Illness Diagnosis And Perceptions Of Recidivism On Parole Eligibility, Emily Pedigo

Mahurin Honors College Capstone Experience/Thesis Projects

The present study examined the impact a mental illness diagnosis has on parole eligibility mediated by the participants’ perceptions of whether the prospective parolee would commit future crimes if released. Participants watched a video vignette of an individual charged with second degree manslaughter and diagnosed with borderline personality disorder, antisocial personality disorder, or bipolar disorder while incarcerated. Results indicated that a diagnosis of antisocial personality disorder indirectly reduced parole success compared to bipolar disorder and borderline personality disorder when mediated by participants’ perceptions of whether the convict would recommit a crime following release.

Completing And Improving The Collection Of Data For Carbon Reporting, Madeline Petty

Mahurin Honors College Capstone Experience/Thesis Projects

Global carbon emissions from individual, organizational, and institutional activities influence the environment. Organizations and institutions use sustainability reporting methods to regularly track and report metrics relating to emissions from collective activity, yet data needed for such reporting can be difficult and time-consuming to collect. Multiple institutions, particularly universities, often use digital, standardized carbon footprint reporting tools to help overcome these challenges. Still, using digital reporting tools does not alleviate all challenges faced in regular carbon reporting due to the lack of data collection structure among university departments. This scholarly activity attempted to calculate the carbon footprint of Western Kentucky University …

Building Coleus Academy, Janessa Unseld

Mahurin Honors College Capstone Experience/Thesis Projects

Coleus Academy, a nonprofit e-learning platform, has been created to address the deficits left by the de-emphasis and, at times, outright omission of practical skill-centric education in American curriculums. There exists a gap between the degree of knowledge necessary to engage with adult life and the extent of that knowledge that is actually possessed by emerging adults. Prominent legislations are among the numerous efforts to address this issue. However, there is a deeply fractured market where resources are proving too expensive, too sparse, or hyper-specific to the point of limited usability. Compounded with disparities in when, where, and to whom …

Fun While It Last--, Sara Sturek

Harpur Palate: a Literary Journal

Sara Sturek is a Goldwater Writing Workshop Fellow at New York University, where she is pursuing an MFA in poetry. She received a B.A in Creative Writing and a B.A in Communication from the University of Southern California. Sara is also the recipient of the 2022 Gene and Etta Silverman Award. She now lives in New York City, where she is working on her first collection.

Simulating The Machine Translation Of Low-Resource Languages By Designing A Translator Between English And An Artificially Constructed Language, Michaela Snyder

Mahurin Honors College Capstone Experience/Thesis Projects

Natural language processing (NLP), or the use of computers to analyze natural language, is a field that relies heavily on syntax. It would seem intuitive that computers would thrive in this area due to their strict syntax requirements, but the syntax of natural languages leaves them unable to properly parse and generate sentences that seem normal to the average speaker. A subfield of NLP, machine translation, works mainly to computerize translation between different languages. Unfortunately, such translation is not without its weaknesses; language documentation is not created equal, and many low-resource languages—languages with relatively few kinds of documentation, most often …

Inhibition Of The Mtor Signaling Pathway In Clear Cell Renal Cell Carcinoma Cells, Samaneh Farimand

Theses, Dissertations and Capstones

The mammalian target of Rapamycin (mTOR) is a Serine/threonine kinase that is found in two large protein complexes that are known as mTOR complex 1 (mTORC1) and mTOR complex 2 (mTORC2). Torin 1 is an ATP-competitive inhibitor of mTOR that inhibits mTOR activity in both mTORC1 and mTORC2. In this study, we hypothesized that dual inhibition of mTORC1 and mTORC2 with Torin 1 promotes the apoptosis of clear cell renal cell carcinoma cells. The human clear cell renal cell cancer line, 786-0, was treated with Torin 1, and markers of apoptosis, including PARP, Caspase 3, and Caspase 9, and their …

My Travels In Southeast Asia Summer Of 1977, Joanne Besonen

Books

No abstract provided.

The Geology Of El Paso, William Cornell, Diane Doser, Richard Langford, Joshua Villalobos, Jason Ricketts

Books & Monographs

The Geology of El Paso describes the history of El Paso, Texas and its surrounding region from the Precambrian formation of the continent to the modern use of geologic resources. This book is written in an easy to digest format, with definitions or links for specific geologic terms and references for further reading. It reviews the formation and evolution of local landmark features such as the Franklin Mountains, Cerro Cristo Rey, and the Sierra de Juarez. Fossils and stratigraphic units of the El Paso area are described as well as important geologic features. The book puts the events that shaped …

The Widow Of Malabar: A Digital Edition, Mariana Starke

OER Student Projects

Mariana Starke’s The Widow of Malabar (1791) is a tragedy set on India’s Malabar Coast. The play depicts a widow reluctantly preparing to commit sati (the practice of a widow immolating herself on her husband’s funeral pyre). She becomes the point of contention in a conflict between a Hindu Brahmin and her former lover, the general leading an invading British force. Throughout the play, the Brahmins are portrayed as vicious barbarians, the British as noble harbingers of a more civilized way of life. The Widow of Malabar thus provides a valuable look into British views of India (and of its …

Monitoring Blood Flow In Animal Models Using A Camera-Based Technique, Dharminder Singh Langri

Browse all Theses and Dissertations

Blood flow dynamics plays a critical role in maintaining tissue health, as it delivers nutrients and oxygen while removing waste products. It is especially important when there is a disruption in cerebral autoregulation due to trauma, which can induce ischemia or hyperemia and can lead to secondary brain injury. Thus, there is a need for noninvasive techniques that can allow continuous monitoring of blood flow during intervention. Optical techniques have become increasingly practical for measuring blood flow due to their non-invasive, continuous, and relatively lower-cost nature. This research focused on developing a low-cost, scalable optical technique for measuring blood flow …

Unpacking Chemistry Teachers’ Pedagogical Reasoning And Decisions For A Phet Simulation: A Tpack Perspective, Xiaoyang Gong, Bing Wei, Bradley W. Bergey, Ebony Terrell Shockley

Publications and Research

Computer simulations hold great potential for enhancing chemistry instruction. However, effectively integrating simulations in instruction depends in part on teachers’ pedagogical reasoning about simulation affordances and instructional decisions within specific classroom contexts. The objective of this study was to investigate how two chemistry teachers evaluated an interactive simulation and determined pedagogical strategies for integrating the simulation into classroom instruction. Based on the TPACK framework, authors adopted a comparative case study approach to interpret qualitative data from three sources: screen-capture videos, interviews, and instructional plans. Results showed that pedagogical reasoning and decisions of the two participants reflected different TPACK components. One …

Western Buddhism And Transpersonal Psychology: Cross-Hermeneutic And Engaged Approaches, Debashish Banerji

International Journal of Transpersonal Studies

Contemporary Buddhism has been fashioned from cross-cultural interactions between a long history of Asian traditions and the expansionist drive of modernity. As part of this engagement, Buddhism, particularly in the West, has developed a close relation with transpersonal psychology. This essay forms an introduction to the special issue of articles approaching this relation between Buddhism and psychology in different ways. While some articles probe the difference in aims of the two disciplines, some are concerned with the decontextualized uses of Buddhist techniques such as mindfulness, some explore the possibilities of Buddhist practice in cognitive or other psychological terms and some …

Zen And The Art Of Doughnut Economics: When Limits Are Strangely Liberating, Peter Doran

International Journal of Transpersonal Studies

Kate Raworth's celebrated book, Doughnut Economics: Seven ways to think like a 21st century economist, calls for a reconciliation of our design principles for society and the economy with the rhythms and tolerances of ecological systems. It will demand something akin to a new axial revolution that will have to be experienced as much in the body and in the intimacies of a renewed care and appreciation for our relational and ecological selves as in the collective re-design of our societies, democratic decision-making and collective provisioning. Buddhist scholarship offers a distinctive contribution to this conversation invoked in a book that …

Agricultural Dust Derived Bacterial Extracellular Vesicle Mediated Inflammation Is Attenuated By Dha, Art J. Heires, Derrick R. Samuelson, Daniel Villageliu, Tara M. Nordgren, Debra J. Romberger

Journal Articles: Pulmonary & Critical Care Med

Dietary long-chain omega-3 polyunsaturated fatty acids (n-3 PUFA) and their pro-resolving metabolites are protective against atherosclerotic disease, and ameliorate systemic inflammatory conditions including lupus erythematosus, psoriasis, and bronchial asthma. Organic bioaerosol inhalation is a common and injurious hazard associated with agricultural occupations such as work in swine concentrated animal feeding operations (CAFOs) and is known to increase the risk for developing respiratory conditions such as asthma and COPD. Nearly all cells secrete membrane-bound vesicles (extracellular vesicles, EVs) that have the capacity to transmit protein, nucleic acid, and lipid signaling mediators between cells. Using a polymer-based isolation technique (ExoQuick, PEG) followed …

Gender Bias In Story Recounting, Cecilia Garcia, Zali White, Keeley Trainer, Madison Oliver

[Archive] Belmont University Research Symposium (BURS)

Gendered language permeates sections of our lives in ways that we may not realize. Previous research indicates a relationship between biases and gendered language; however, it has primarily been conducted with children as the participants rather than adults (Seitz, et al., 2020). This study aimed to investigate this and identify the relationship between gendered language and implicit bias. Passages using gendered language can alter the listener's perspective in terms of the gender identification of an otherwise unlabeled protagonist. Therefore, to explore this phenomenon, participants of this study were given an androgynous story with masculine and feminine phrases. Then, a multiplication …

The Crossroad Of Hamsters, Robots & Electropop, Olivia Crimivaroli

[Archive] Belmont University Research Symposium (BURS)

Kia Corporation is an automobile manufacturer based in South Korea, who produces and sells vehicles with one of the most well known of their models being the Kia Soul. There are a number of factors that contribute to the Soul being a well known car but one of the biggest reasons is because of the infamous and out-of-the-box commercials that have been crafted in order to promote this style of car. This critique will encompass the contents of one commercial released in 2012 in an attempt to stimulate sales for this specific model of the Kia Soul. This advertisement is …

Zephyrus, Western Kentucky University

Student Creative Writing

The fine arts magazine of Western Kentucky University at Bowling Green.

Newhouse Impact Magazine 2023, Newhouse School

Newhouse Impact Magazine

Showcasing the research and creative work of faculty, staff and students at the Newhouse School