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The Rise And [?] Of Anti-Administrativism, Gary Lawson Jan 2025

The Rise And [?] Of Anti-Administrativism, Gary Lawson

UF Law Faculty Publications

Scholars have proclaimed the administrative state to be "Under Siege" or subject to a "Never-Ending Assault." Was the election of President Donald Trump on November 5, 2024 the sixth, if not yet the seventh, day around the walls? 

This seems an appropriate time to consider the present and future of opposition to the administrative state – something that has come to be dubbed "anti-administrativism." The first task, as is usually the case when one seeks intellectual clarity, is to figure out what one is talking about. What is this "anti-administrativism"? Without knowing the answer to that seemingly simple question, one …

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The Gym-Pire Strikes Back: Is The Eighth Circuit's Vacatur Of The Ftc's Click-To-Cancel Rule The End Of The Regulatory Workout For The Health And Fitness Industry?, Nicholas J. Christopolis Jan 2025

The Gym-Pire Strikes Back: Is The Eighth Circuit's Vacatur Of The Ftc's Click-To-Cancel Rule The End Of The Regulatory Workout For The Health And Fitness Industry?, Nicholas J. Christopolis

UF Law Faculty Publications

There is a broader regulatory battle in which subscription-based businesses, particularly in the health and fitness industry, are being reined in by increasingly aggressive consumer protection regimes. This Article examines this conundrum facing regulators and affected businesses in four parts. Part I explores the concept of negative option marketing, the FTC’s theory of harm and justification for promulgating the Rule in the modern subscription economy, and the compliance burdens it would have imposed on the health and fitness industry. Part II explains the pushback from the health and fitness industry that delayed enforcement, created loopholes, and helped fuel the lawsuits …

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Drafting In The Digital Age: Contract-Design And Web-Based Consumer Contracts, Ben Fernandez Jan 2025

Drafting In The Digital Age: Contract-Design And Web-Based Consumer Contracts, Ben Fernandez

UF Law Faculty Publications

Consumers often do not read the contracts they sign. They know the basic terms of the deal and take the risk that it is enough to avoid being sued for breach. Even sophisticated businesspeople often do not read the documents they sign; they rely on their attorneys to tell them what they need to know. If the sole purpose of documenting a contract is to protect the party that has the financial resources and the leverage to hire an attorney to draft it, then the attorney doesn’t do their client a disservice by focusing solely on the contract’s enforceability. A …

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Restoring Public Trust In Elections: An Empirical Study Of How Campaign Finance Reform Can Restore Public Trust In Elections, Matthew Dale Kim Jan 2025

Restoring Public Trust In Elections: An Empirical Study Of How Campaign Finance Reform Can Restore Public Trust In Elections, Matthew Dale Kim

UF Law Faculty Publications

The American public has become deeply distrustful of elections. This distrust is partly due to Supreme Court decisions curtailing campaign finance restrictions, on First Amendment grounds, to spending that creates an appearance of quid pro quo corruption. The Court’s reasoning assumes that, although the government has an interest in protecting the public’s trust in elections, campaign spending does not pose a threat to the public’s trust absent the appearance of quid pro quo corruption. However, it is unclear if campaign spending undermines the public’s trust in elections through means other than the appearance of quid pro quo corruption. If it …

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Medication Abortion And The Mails: The Ghost Of Anthony Comstock Rides Again?, Lars Noah Jan 2025

Medication Abortion And The Mails: The Ghost Of Anthony Comstock Rides Again?, Lars Noah

UF Law Faculty Publications

Mail-order dispensing of the prescription drug mifepristone has become the latest flashpoint in this country’s long-running debate over abortion access. It also has brought back from the dead one of the oldest federal statutes to address that contentious subject. In their fight to limit access to a drug approved by the FDA one quarter of a century ago, abortion opponents have rediscovered the Comstock Act. Although amended on several occasions since 1873, Congress never managed to repeal or clarify its ambiguous language relating to abortion. On its narrowest reading, this provision would have no impact whatsoever on access to mifepristone; …

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Flaws In The Preemption Defense To Liability Claims Against Generic Drug Manufacturers, Lars Noah Jan 2025

Flaws In The Preemption Defense To Liability Claims Against Generic Drug Manufacturers, Lars Noah

UF Law Faculty Publications

More than a dozen years have passed since the U.S. Supreme Court decided that federal preemption protects manufacturers of generic (but not brand-name) drugs from most types of products liability claims. This seemingly arbitrary distinction sprang from a peculiarity in the regulations of the U.S. Food and Drug Administration (FDA). That agency soon thereafter proposed to modify its rules in order to eliminate this asymmetry in how the implied preemption defense worked to bar inadequate warning claims, but its effort ultimately failed, while lower courts have confronted some creative efforts to circumvent the special protection enjoyed by generic drug manufacturers. …

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Dead Infants And Taking The Fifth, Tracey Maclin Jan 2025

Dead Infants And Taking The Fifth, Tracey Maclin

UF Law Faculty Publications

This Essay offers tribute to Professor Colb's teachings and insights expressed in her writings on the Court's Miranda and Self-Incrimination Clause rulings. Since the start of the twenty-first century, Professor Colb wrote many blogs on the Court's Miranda doctrine. Miranda v. Arizona famously held that persons under arrest must be warned of their right to silence and to have counsel's advice before being subject to interrogation. Generally speaking, Professor Colb was critical of the Court's results and reasoning—for good reason.

As someone who supports a broad interpretation of the Fifth Amendment, I offer a counterview of Professor Colb's conception of …

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The Constitutionality Of Assisted Outpatient Treatment, E. Lea Johnston Jan 2025

The Constitutionality Of Assisted Outpatient Treatment, E. Lea Johnston

UF Law Faculty Publications

States are increasingly turning to assisted outpatient treatment (more accurately called preventive outpatient civil commitment, or POC) to ameliorate the mental health and homelessness crises. These laws authorize court-ordered community treatment for individuals with mental illnesses and histories of treatment noncompliance. The treatment aims to prevent psychiatric deterioration before it leads individuals to endanger themselves or others. Affected individuals pose no immediate danger, typically can make rational treatment decisions, and may reside in the community. These laws dramatically extend states’ means of social control and cannot be easily justified by traditional understandings of state police power or parens patriae commitment …

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The Elected Judge, Matthew Dale Kim Jan 2025

The Elected Judge, Matthew Dale Kim

UF Law Faculty Publications

Many legal scholars and jurists oppose electing judges. Their core criticism against judicial elections is that elected judges are incentivized to avoid issuing unpopular, countermajoritarian decisions in constitutional law cases and thus fail to safeguard minority rights against abuses of the majority. Scholars have described this problem as the elected judges’ “majoritarian difficulty.” Numerous empirical studies suggest that elected judges do, in fact, fear electoral backlash and allow majoritarian demands to affect their decision-making.

This Article asks whether such fears are warranted. Elected judges should not allow majoritarian pressures to affect their decision-making unless the American public is aware of …

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Suffolk University Law School Course Catalog, 2025-2026, Suffolk University Jan 2025

Suffolk University Law School Course Catalog, 2025-2026, Suffolk University

Suffolk University Law School Academic Catalogs

No abstract provided.

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I Love That Country, That’S Why I Go There: Enduring Kiana Village Ties To Kobuk Valley National Park, Douglas Deur, Jamie Hebert, Emily Creek, Tricia Brown, Hannah Atkinson, Knowledge-Holders Of Kiana, Alaska, Christina Westlake Jan 2025

I Love That Country, That’S Why I Go There: Enduring Kiana Village Ties To Kobuk Valley National Park, Douglas Deur, Jamie Hebert, Emily Creek, Tricia Brown, Hannah Atkinson, Knowledge-Holders Of Kiana, Alaska, Christina Westlake

Anthropology Faculty Publications and Presentations

North of the Arctic Circle in far northwestern Alaska, Kobuk Valley National Park is a remote, roadless protected area transected by the Kobuk River—one of the northernmost salmon-bearing rivers in North America. Characterized by tundra, taiga, and the dramatic 25-square-mile Great Kobuk Sand Dunes, the park serves as a critical pathway for nearly half a million migrating caribou. Significant archaeological sites have been documented along the Kobuk River, demonstrating thousands of years of human settlement, fishing, caribou hunting, and many other cultural activities. At the time of European contact, and into the early 20th century, there were still Iñupiaq “Eskimo” …

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Temporal Network Analysis Of Comorbidities Among People With Hiv In South Carolina, Yunqing Ma, Matthew Lohman Ph.D., Monique J. Brown Ph.D., Mph, Yichen Li, Xiaoming Li Ph.D., Bankole Olatosi Ph.D., Jiajia Zhang Ph.D. Jan 2025

Temporal Network Analysis Of Comorbidities Among People With Hiv In South Carolina, Yunqing Ma, Matthew Lohman Ph.D., Monique J. Brown Ph.D., Mph, Yichen Li, Xiaoming Li Ph.D., Bankole Olatosi Ph.D., Jiajia Zhang Ph.D.

Faculty Publications

Introduction: People with HIV experience a high rate of comorbidities that can complicate their health outcomes. Understanding the prevalence, interrelationships and temporal development of these comorbidities is crucial for improving health management and quality of life for people with HIV. Methods: We used a population-based cohort extracted from statewide electronic health record (EHR) data in South Carolina (SC), including 18 649 people with HIV who survived at least 1 year after HIV diagnosis between January 1, 2005, and December 31, 2020. Comorbidities and organ systems were classified using ICD-10 codes. Network analysis was performed to assess the closeness centrality among …

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Specialized Knowledge Of Sensory Interventions For Sensory Function, Cassidy Kay Filson Jan 2025

Specialized Knowledge Of Sensory Interventions For Sensory Function, Cassidy Kay Filson

Occupational Therapy Capstones

Purpose: Between 5%-16.5% of the general population are estimated to have a form of atypical sensory reactivity (Ahn et al., 2004). Atypical sensory reactivity or atypical sensory processing is described as when the brain processes sensory input differently than it typically would (Ark Support Coordination, n.d.). The rates of atypical sensory reactivity increase in children with additional diagnoses such as autism (ASD), developmental delays and disabilities, and neurodivergent children (AOTA, 2023). Sensory processing and integration difficulties negatively impact the quality and quantity of a child’s occupational participation, as symptoms often make various occupations more difficult for the child to participate …

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Unlock Upper Extremity Rehabilitation: Interprofessional Collaboration Between Ot Hand Therapy And Surgical Teams, Collin Brown Jan 2025

Unlock Upper Extremity Rehabilitation: Interprofessional Collaboration Between Ot Hand Therapy And Surgical Teams, Collin Brown

Occupational Therapy Capstones

Background: In the journey to recovery from upper extremity injuries, outpatient hand therapists who are certified as occupational therapists (OT) play a crucial role in restoring patients' independence and functionality, both before and after surgical intervention. Researchers identified main themes experienced by participants who had acquired an upper extremity injury and were post-operation, such as functional challenges in managing conditions, difficulties in everyday life, coping strategies, differing expectations, and the impact of information on daily life (Hansen et al, 2024). In all of these areas identified, an OT hand therapist is able to identify and facilitate improvements pre- and post-surgery …

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Age Segmentation In The Life Coaching Industry: A Needs-Based Approach, Timothy Reisenwitz Jan 2025

Age Segmentation In The Life Coaching Industry: A Needs-Based Approach, Timothy Reisenwitz

Atlantic Marketing Journal

Life coaching is the second-fastest-growing industry in the world. Most previous research has used a results-based approach with relatively small sample sizes. The current research uses a needs-based approach to identify whether older or younger consumers are better candidates for a life coaching session or program. A hard-copy questionnaire used existing scales based on industry indicators to identify viable life-coaching clients. A multivariate analysis of covariance (MANCOVA) was used to analyze the data, with gender as the covariate or moderating variable. Results showed that younger consumers are generally better candidates for life coaching, while gender was only significant for one …

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From Backlash To Brand Loyalty: How Self-Congruity And Generation Shape Consumer Intentions After A Failed Influencer Campaign, Dexter L. Purnell, Kimberly V. Legocki, Steven R. Barnes, Jessica Chapman Jan 2025

From Backlash To Brand Loyalty: How Self-Congruity And Generation Shape Consumer Intentions After A Failed Influencer Campaign, Dexter L. Purnell, Kimberly V. Legocki, Steven R. Barnes, Jessica Chapman

Atlantic Marketing Journal

This study examines consumer responses to corporate social advocacy (CSA) surrounding Bud Light’s partnership with transgender influencer Dylan Mulvaney. We fielded a cross-sectional survey of U.S. beer drinkers (N = 386) measuring actual and ideal self-congruity, generational cohort, and purchase intention. Using PROCESS Model 4 with bootstrap confidence intervals, we tested whether self-congruity mediates the relationship between generation and purchase intention. Self-congruity strongly predicted purchase intention, and indirect effects of generation via both actual and ideal self-congruity were statistically significant. Conditional (contrast-specific) indirect effects were observed only for Gen X, indicating cohort-specific pathways from CSA to purchase intention through identity …

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Omnichannel Retailing: An Exploratory Study Of Limiting The Customer Journey In A Digital-First Context, Terence L. Holmes, Edward C. Brewer, Elizabeth Patterson Jan 2025

Omnichannel Retailing: An Exploratory Study Of Limiting The Customer Journey In A Digital-First Context, Terence L. Holmes, Edward C. Brewer, Elizabeth Patterson

Atlantic Marketing Journal

A recent retail trend is the rise of “digital-first” firms, where their merchandise is sold primarily via online efforts. In this exploratory study we describe our investigation of the customer journey for a digital-first seller of cosmetics and personal care products. We collected qualitative and quantitative data from a customer survey and follow-up interviews. Results indicate that personal connections and actual product use are the two most important touchpoints customers consider in first discovering the seller and then building a relationship with the brand. We describe practical applications of the findings and suggest ideas for future research.

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Podcast Advertising And Its Role In Higher Education Marketing, Mark D. Cistulli, Jason L. Snyder Jan 2025

Podcast Advertising And Its Role In Higher Education Marketing, Mark D. Cistulli, Jason L. Snyder

Atlantic Marketing Journal

Podcast advertising has become an important component in marketing campaigns for organizations to reach their target audiences. With the explosion of popularity of podcasts, so too does the opportunity for marketers to promote their products and services. In this study, we are focusing on the impact of a graduate program ad on attitudes and behavioral intentions associated with the university in the ad. Participants were exposed to part of a podcast with the ad embedded mid-roll and then responded to a survey about their evaluation of the ad and subsequent intentions to consider attending graduate school at the university advertised. …

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Teaching Social Marketing Concepts Through Prosocial Behavior Lenses, Bela Florenthal Jan 2025

Teaching Social Marketing Concepts Through Prosocial Behavior Lenses, Bela Florenthal

Atlantic Marketing Journal

This study investigates the educational value of a prosocial project embedded in a college-level marketing course. Framed through a humanistic and holistic lens, the initiative integrated acts of kindness (AOKs) to engage students in real-world application of social marketing concepts. Using a mixed-methods approach, data were collected through student reflections and surveys, revealing high levels of cognitive, emotional, and behavioral engagement. Students developed empathy, compassion, and self-awareness, reinforcing the importance of integrating experiential learning into business education. The project also addressed AACSB’s emphasis on societal impact and aligned with the UN’s Sustainable Development Goals by promoting emotional well-being and civic …

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Front Matter Jan 2025

Front Matter

SMU Law Review

No abstract provided.

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Public Projection | Wintersession 2025 Syllabus, Kameron Neal, Movement Lab Jan 2025

Public Projection | Wintersession 2025 Syllabus, Kameron Neal, Movement Lab

Course Materials

In this course, we will create site-specific projections that breathe new life onto the built environment. Working in the lineage of street art and guerrilla performance, we will explore the relationship between art, public space and the communities we inhabit. How is projection a tool of public communication? How can light and movement reshape architecture and human behavior? We will research sites, understand their stories, develop creative interventions, build prototypes and work collaboratively to design ephemeral public installations.

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What Year Is It?, Kameron Neal, Movement Lab Jan 2025

What Year Is It?, Kameron Neal, Movement Lab

Personal Work

No abstract provided.

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Surveillance Studies, Kameron Neal, Movement Lab Jan 2025

Surveillance Studies, Kameron Neal, Movement Lab

Personal Work

No abstract provided.

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Stereoscope Studies, Kameron Neal, Movement Lab Jan 2025

Stereoscope Studies, Kameron Neal, Movement Lab

Personal Work

No abstract provided.

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Public Projection | Typography, Kameron Neal, Movement Lab Jan 2025

Public Projection | Typography, Kameron Neal, Movement Lab

Course Materials

No abstract provided.

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Rheology, Kameron Neal, Movement Lab Jan 2025

Rheology, Kameron Neal, Movement Lab

Personal Work

No abstract provided.

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Science Learning Centers In Early Childhood Classrooms, Callie Wright, Isabella Whitmore, Dawnita S. Gallo Jan 2025

Science Learning Centers In Early Childhood Classrooms, Callie Wright, Isabella Whitmore, Dawnita S. Gallo

Essays in Education

This manuscript explores the importance of science centers in an early childhood setting. In constructivism, Piaget (1959) clearly states that learning comes from the active role of children’s understanding of the world around them. When interacting with science-based learning materials in preschool, children learn to ask questions to receive new knowledge. According to Piaget’s Cognitive Development theory, children who are actively engaged in group work develop vocabulary skills, critical thinking, and adequate social skills. While engaging in inquiry-based play in the preschool classroom science center, young children learn to interact with one another and the world around them; growing as …

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Republicanism In The Age Of Democratic Revolution: The Democratic-Republican Societies Of The 1790s, Matthew Schoenbachler Jan 2025

Republicanism In The Age Of Democratic Revolution: The Democratic-Republican Societies Of The 1790s, Matthew Schoenbachler

History

No abstract provided.

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Availability And Use Of Digital Technology Among Women With Polycystic Ovary Syndrome: Scoping Review, Pamela J. Wright Phd, Ms, Med, Rn, Cen, Charlotte Burts, Carolyn Harmon, Cynthia F. Corbett Phd, Rn, Faan Jan 2025

Availability And Use Of Digital Technology Among Women With Polycystic Ovary Syndrome: Scoping Review, Pamela J. Wright Phd, Ms, Med, Rn, Cen, Charlotte Burts, Carolyn Harmon, Cynthia F. Corbett Phd, Rn, Faan

Publications

Background: Polycystic ovary syndrome (PCOS) is a common endocrinopathy among women that requires self-management to improve mental and physical health outcomes and reduce risk of comorbidity. Digital technology has rapidly emerged as a valuable self-management tool for people with chronic health conditions. However, little is known about the digital technology available for and used by women with PCOS. Objective: The purpose of this scoping review was to identify what is known about digital technology currently available and used by women with PCOS for PCOS-specific knowledge, self-management, or social support. Methods: The databases PubMed, Embase, CINAHL, and Compendex were searched using …

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Front Matter Jan 2025

Front Matter

SMU Law Review

No abstract provided.

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