Digital Commons Network^™

Collar Correction For Lenity: Modifying The Rule Of Lenity To Promote More Equitable Application To White-Collar And Blue-Collar Defendants, Brennan Corriston

Fordham Law Review Online

Centuries ago in England, when most crimes were punishable by death, judges—aware of the unfairness of this system—construed penal statutes narrowly. This was “to stem the march to the gallows” and to protect citizens from this overly harsh regime. From these harsh origins arose the rule of lenity, which instructs that when the scope of a criminal statute is ambiguous, courts should select the less harsh—i.e., more lenient—interpretation of the statute. This principle can serve constitutional functions: lenity safeguards due process by ensuring that the public has fair notice about the reach of criminal laws, and it safeguards separation of …

Taking The Profit Out Of War: Why International Law Requires Restitution Of Nazi-Looted Art, Raymond J. Dowd

Fordham Law Review Online

No abstract provided.

Women, Knowledge Institutions, And Constitutional Law, Vicki C. Jackson

UMKC Law Review

This Essay argues that knowledge institutions are crucial to the ability of historically disadvantaged groups—including women—to correct the injustices they have suffered. In Part II, the Essay begins by defining knowledge institutions and explaining why they need legal recognition and protection in a constitutional democracy. Part III then argues that knowledge institutions are a resource for challenging conventional understandings and assumptions that may produce injustices not readily remedied through political processes. Knowledge institutions have served this role in several important constitutional battles in the United States—over racial equality, gender equality, and discrimination against same-sex couples. The claim is not that …

Automating Junk Science, Lisa Waters

UC Law Journal

In the late twentieth century, the boom of forensic disciplines in criminal prosecutions helped drive mass incarceration to an all-time high. Yet scientific and legal inquiry revealed a disturbing truth: Most forensic methods accepted in criminal courts are entirely lacking in empirical support or scientific foundation—in other words, “junk science.” Forensic proponents have recently turned to computer algorithms, costly equipment, and proprietary trade secrets litigation to defend dubious techniques, ushering in a second wave of forensic reliance. But automated technology has masked rather than cured the foundational infirmities in these forensic fields.

This Article examines the growing trend of automated …

Limits Of The Reasonable Inquiry: Artificial Intelligence And The Future Of Rule 11, Celeste Greaves

UC Law Journal

Artificial intelligence (“AI”) burst onto the legal scene and will soon revolutionize practice altogether. Despite enduring technical issues, like hallucinations and implicit bias, AI’s capabilities and potential benefits have created massive impetus toward adoption. Recent cases like Mata v. Avianca highlight the growing need for adaptation in our existing frameworks to ensure the continued legitimacy of representations to the court. The “reasonable inquiry” standard of Rule 11 of the Federal Rules of Civil Procedure is woefully unequipped to meet this challenge for three primary reasons. First, traditional methods for determining whether a new technology has a high level of efficacy, …

Gambling In Pre-Statehood Alaska, Robert M. Jarvis

UNLV Gaming Law Journal

This article concerns gambling in Alaska in the period prior to statehood (1867– 1958). While the courts in this era did not generate very many gambling opinions, the ones they did issue provide a feel for what life was like in the region. In addition, Alaska’s current ban on most forms of gambling can be directly traced back to its first gambling law (1884).

Betting The House: Why The Safe Bet Act Is A Long Shot To Survive Constitutional Scrutiny Under The Commerce Clause And Anti-Commandeering Doctrine, Jared Weingard

UNLV Gaming Law Journal

The rapid expansion of legalized sports gambling following Murphy v. NCAA has raised concerns about problem gambling, predatory marketing, and inconsistent state regulations. In response, the SAFE Bet Act, introduced by Representative Paul Tonko, seeks to impose nationwide standards on sports betting. However, its framework raises significant constitutional concerns under the Commerce Clause and the anti-commandeering doctrine. This Article argues that the Act’s enforcement mechanism likely violates the Tenth Amendment by coercing states into compliance, conflicting with Supreme Court precedent on federal conditional spending and preemption.

Given these vulnerabilities, this Article explores three alternative approaches that would achieve similar regulatory …

An Adaptive Immersive Training Framework For Miner Self-Escape Readiness In Underground Mining Emergencies, Muhammad Azeem Raza, Samuel Frimpong, Saima Ghazal

Mining Engineering Faculty Research & Creative Works

Underground mining environments are complex and hazardous operations where emergencies continue to happen. Underground mine emergencies require rapid, high-stakes decision-making under conditions of uncertainty, stress, and limited visibility. Conventional mine emergency training largely relies on instruction-based approaches which provide insufficient exposure to the cognitive and behavioral demands of real underground emergency situations. There has been an identified need to train miners for knowledge, skills, abilities, and other characteristics (KSAOs). This study proposes an Adaptive Immersive Training Framework (AITF), a cognitively grounded architecture that integrates cognitive task analysis (CTA), KSAOs, and situational awareness assessment for miner self-escape training and readiness. The …

Winging It: Convergence, Convivencia, And Belonging Of Latina Lawyers, Verónica C. Gonzales

Fordham Law Review

No abstract provided.

Building A Professionally Socialized Immigration Bar: A Comparative Case Study, Jayanth K. Krishnan, Kunle Ajagbe

Fordham Law Review

No abstract provided.

“No Further Discussion Necessary”: Compliance As Professionalism In Legal Education, Sarah J. Schendel

Fordham Law Review

No abstract provided.

"In Better Times": The Basis Of Representation And The Forgotten History Of The Fourteenth Amendment, Jessica I. Gorovitz

Fordham Law Review

Over the past several years, the U.S. Supreme Court has incorporated history into the analysis of unenumerated individual rights, like abortion, and enumerated ones, like the right to keep and bear arms. But it has not incorporated history into its approach to individual rights claims of racial discrimination under the Equal Protection Clause, a methodological gap the Court has left unexplained. Rather, it has held that the purpose of the Fourteenth Amendment is to prevent racial classifications, largely citing its own precedent, eschewing the Amendment’s history. This approach conflicts with section 2 of the Voting Rights Act, which requires states …

Circuit And Synaptic Mechanisms Of Methamphetamine Induced Cognitive Deficits During Abstinence: Roles Of The Perirhinal-Prefrontal Pathway And The Nucleus Reuniens, Sarah Goldsmith

MUSC Theses and Dissertations

Cognitive deficits during abstinence are a hallmark of methamphetamine (meth) use and indicative of negative treatment outcomes. In rats, both long access meth self-administration and meth binge produce recognition memory deficits due to drug-induced plasticity within the perirhinal cortex (PRH). PRH projections are numerous and include the medial prefrontal cortex (mPFC) and the Nucleus Reuniens (NRe). In the first study, the role of the PRH-mPFC reciprocal circuit in novel object recognition memory was investigated by infusing an rgAAV encoding GFP-tagged Cre recombinase into the PRH or the mPFC. Following surgery, rats explored objects. During exploration, PRH neurons receiving input from …

The Impact Of Human Myoblasts On Macrophage Polarization In A Coculture Model, Elisabeth Ann Stodola

Biomedical Engineering

Peripheral Artery Disease (PAD) is characterized by the buildup of atherosclerotic plaque in the lower extremities that occludes blood flow, and affects over 200 million people worldwide. Without effective treatment, PAD can lead to claudication, ischemia, ulcers, and gangrene. PAD causes more amputations in the United States than any other condition, and for severe cases that require revascularization, procedures benefit fewer than 50% of patients. This demonstrates a clear need for alternative therapies. Potential therapies for PAD target expansion of collateral blood vessels around the area of occlusion – a process called arteriogenesis to compensate for loss of blood flow …

Stemflow Dynamics In The Jamari National Forest (Brazilian Amazon): Ii. Solute Concentrations And Flux Dynamics, Jeferson Alberto De Lima, John T. Van Stan Ii, Karolina Lewińska, Agnieszka Dradrach, Jakub Ceglarek, Kelly Cristina Tonello

Biological, Geological, and Environmental Faculty Publications

Trees can redirect large volumes of rainwater to the base of their stems. This stemflow not only redistributes water but also channels canopy-derived solutes to the forest floor. Building on research showing canopy geometry and bark properties govern stemflow volumes, we examined how those same traits modulate the biogeochemical side of this flux. Over a 12-month period in Jamari National Forest (Brazil), we quantified stemflow volume and solute chemistry for 19 trees grouped by diameter at breast height (D: < 10, 10-20 and > 20 cm), crown area (CA: < 30, 30-60 and > 60 m(2)) and bark texture (smooth, fissured and rough). Small-stemmed, smooth-barked trees produced the greatest stemflow …

The Use Of Video Modeling To Teach Algebraic Equations To Secondary Students With And At-Risk For Disabilities, Maria Mcgrath, Emily Hornung, Shannon Gormley Budin

The Journal of Special Education Apprenticeship

Identifying mathematics interventions that are efficient, effective, and increase independence are vital for students with or at-risk for mathematics disabilities. Interventions used in general education or instructional support settings must also be feasible and allow teachers to meet both individual as well as whole-class needs. Digital technologies such as video modeling can embody several high-leverage instructional practices at once to facilitate the learning of fundamental mathematics concepts, such as algebra. A multiple baseline across participant design with an additional nonconcurrent replication in an applied setting was used to evaluate the effectiveness of video modeling on student ability to solve two-step …

Experience And Response To Disability Stigma In South Asian Communities, Sudha Krishnan

The Journal of Special Education Apprenticeship

This qualitative study explored the experiences of stigma and responses to stigmatization among 13 South Asian parents of children with extensive support needs (ESN). Existing research indicates that students with intellectual disabilities often experience negative emotions such as shame, powerlessness, and frustration due to their disability status. Cultural beliefs significantly influence the experiences of disabled children and their families, with stigma perceived and felt differently across cultural groups. Participants were interviewed about their family and cultural beliefs, perceptions of disability, and experiences with school collaborations and social stigma. Thematic analysis revealed that South Asian families with children with ESN faced …

Coaching Parents To Use Naturalistic Developmental Behavioral Interventions, Lin Zhu, Kerry Kisinger

The Journal of Special Education Apprenticeship

This practitioner article examines the use of Naturalistic Developmental Behavioral Interventions (NDBIs) to enhance communication skills through the vignette of a 4-year-old with speech delays. Through brief coaching sessions, the child’s parents learned techniques like imitation and prompting, integrating them into daily routines to improve vocal communication. The intervention highlighted the effectiveness of engaging caregivers as active participants and tailoring strategies to family contexts, leading to positive outcomes for both the child and family. This article outlines the procedures for practitioners to coach parents to implement evidence-based practices that can promote academic and behavioral growth in a naturalistic setting.

The Fourth Amendment's Right To Be Secure, Thomas K. Clancy

William & Mary Bill of Rights Journal

Beginning with a 1998 article and through the editions of my treatise, I have argued that the right to be “secure” must be properly understood. The right to be secure is the powerful ability to exclude the government, and it protects against physical and technological intrusions. As will be discussed, my interpretation has had some influence among courts and scholars. Several academics have taken time to discuss it, and it has been noticed in the Supreme Court. This Essay seeks to dispel some of those characterizations and clarify the meaning of the right to be secure.

The Amendment in its …

Ymca Changes Lives: Social Media Campaign, Savannah Nicole Rivera

Communication Studies

This project examines how the YMCA of San Luis Obispo constructs its organizational identity through digital messaging by applying framing theory (Entman, 1993). Drawing from scholarship on framing, nonprofit organizational identity, dual-identity tensions, and nonprofit storytelling, I conduct an applied framing analysis of the YMCA’s website and Instagram content. Specifically, I analyze how the organization defines community problems, attributes causes to them, assigns moral values to them, and proposes solutions in its messaging. I argue that while the YMCA references its mission, its current digital communication often makes utilitarian identity elements, such as services, memberships, and facilities, more salient than …

Pirated Ai Training Data And The Future Of Recovery For Creatives, Cassie Anderson

The Business, Entrepreneurship & Tax Law Review

The explosive growth of generative AI necessarily relies on near-limitless amounts of creative works, such as books, articles, music, and art for training. Data sourcing and training practices advanced by large technology companies have defaulted to piracy, which presupposes unfettered access to high-quality creative data at minimal cost. In a growing number of markets, generative AI presents an appealing alternative to human-made creative works—an alternative that directly competes with the very human creatives whose works are necessary to power such technology. Facing mass-scale piracy and creative markets diluted by AI content, creative professionals are in an even more precarious position …

A Synthetic Marketplace: Rethinking First Amendment Theory In The Age Of Ai-Generated Video, Jared Schroeder, Heesoo Jang

The Business, Entrepreneurship & Tax Law Review

First Amendment theory is unprepared for the synthetic-media era. AI-generated videos, which fundamentally portray events and actions that never happened, are changing the ways people construct reality in fundamental ways. These believable videos raise substantial concerns about foundational assumptions of First Amendment theory, particularly the marketplace of ideas. Synthetic videos challenge citizens to discern truth from falsity in new ways. These challenges are multiplied by the nature of video, which scholars have noted audiences find uniquely believable. This article examines First Amendment theory, as well as the nature of video, ultimately contending that the rationales the Supreme Court has traditionally …

At The Crossroads: Sports Betting In Missouri And Proposals For Regulations, Jimin Shumate

The Business, Entrepreneurship & Tax Law Review

Sports betting is a rapidly growing industry nationwide, and Missouri became the 39th state to legalize the practice. Although states hope to reap the benefits of a regulated sports gambling market, the activity carries significant mental, physical, and socioeconomic risks due to its inherently addictive nature. The hyper-accessibility of modern platforms, particularly those enabling unlimited micro betting, magnifies longstanding concerns in a new digital context. Compounding these risks, the absence of federal standards for minimum wagering ages and the aggressive marketing strategies employed by sportsbooks draw in young adults. This article proposes a coordinated federal and state regulatory framework that …

Beyond The Prompt: The Social Costs Of Generative Artificial Intelligence, J. Scott Christianson, Josh Rickard

The Business, Entrepreneurship & Tax Law Review

The rapid commercialization of generative artificial intelligence has produced extraordinary value for technology companies while systematically externalizing costs onto society. This Article provides a review of these externalities across three domains: environmental, human health, and digital infrastructure. The environmental burden includes massive energy and water consumption alongside ecologically destructive mining for rare earth elements and accelerating electronic waste. The human toll encompasses a documented pattern of AI-induced mental health crises, including suicide and self-harm linked to anthropomorphic chatbot design, raising novel questions of product liability in cases like Garcia v. Character.AI. The digital commons face degradation through industrialized data scraping …

Stress Management And Resilience Among Students Enrolled In The Entry Level Master Of Science In Nursing (Elmsn) Program, Pius Omolewa, Adekemi Adedipe, Nassrine Noureddine, Destiny Roberts

All Faculty Scholarship

Objectives: The aim of the study was to evaluate the effect of mindfulness exercises on stress management and resilience among ELMSN students. Methods: The study was a quasi-experimental design that used a paired samples t-test to compare pre-test and post-test of students’ scores on both GAD-7 anxiety screening tool and short version of Grit-scale. Statistical tests were conducted with significance set at p < 0.05 (two-sided). All analyses were performed using IBM SPSS Statistics, version 31.0 to compare pre-/post-test scores, determine differences, and statistical significance of interventions among the cohort. And a priori power analysis was conducted to determine the required sample size for a paired samples t-test. With an alpha level of 0.05 and a medium effect size (Cohen’s d = 0.50), a total sample size of N = 34 was determined to be sufficient to achieve a power of 0.80. Results: A convenience sample of 40 students (35 females and 5 males) participated in the study. Students had more anxiety before mindfulness exercises (M = 7.00, SD = 5.5) compared to after the mindfulness exercises (M = 6.2, SD = 3.4), t(39) = 1.41, p = 0.17. The effect size was small, d = 0.22. However, the difference in the students’ anxiety levels after the mindfulness exercises was not statistically significant, with a p-value of 0.17. On the resilience, students were less resilient before mindfulness exercises (M = 3.58, SD …

Quantum Safe Encryption (Qse) Within The Internet Of Medical Things (Iomt) Environment Using Zero Trust Architecture (Zta), Michael Grant Williams

Dissertations

This research will use a Design Science Research (DSR) methodology and show that the results would be feasible, since there will not be any actual validating or testing occurring within or on this research project because this model is a theoretical model. In addition, this proposed theoretical model is based on extensive use of NIST standards and frameworks. This theoretical model will focused on the use of Quantum-Safe Encryption (QSE) within the Vivalink Electrocardiogram (ECG) Patch Monitor Internet of Medical Things (IoMT) device in a Zero Trust Architecture (ZTA). The advancement of quantum computing (QC) is expected to …

Failure Of Infrastructure Systems: A Multilevel Network Analysis Of Decision-Making And Influential Behavioral Constructs, Tamima Elbashbishy, Radwa Eissa, Islam H. El-Adaway, Jeffrey S. Russell

Civil, Architectural and Environmental Engineering Faculty Research & Creative Works

High-profile failures of infrastructure systems are often attributed to design flaws. However, these incidents can also stem from a broader set of interconnected decisions made by stakeholders involved in the planning, management, and operation of these systems. While ethical guidelines and professional codes are designed to prevent such failures, cognitive biases may undermine adherence. Previous research efforts, primarily focused on ethical violations using case studies, have overlooked how behavioral ethics constructs and professional conduct could drive these breaches. This paper addresses this knowledge gap by (1) conducting an analysis of three system failure cases at the micro, meso, and macro …

The Tellers, Kevin Loughrin

The Lindenwood Review: a journal of literary prose

No abstract provided.

59(1) Front Matter

UBC Law Review

No abstract provided.

The Enthalpy Of Formation Of Acetylenes And Aromatic Nitro Compounds For A Group Contribution Method With “Chemical Accuracy”, R. J. Meier, Paul R. Rablen

Chemistry & Biochemistry Faculty Works

In this paper we provide the Group Contribution parameters for acetylenes and aromatic nitro compounds fitting with a recently developed Group Contribution method with chemical accuracy (1 kcal/mol) for the heat of formation of organics. These additional parameters widen the applicability of the Group Contribution method. We also provide further G4 quantum calculated values as reference when no experimental data are available and compare to previously reported G4 data.