Digital Commons Network^™

A City’S Day In Court: Using Class Action Principles To Protect Cities’ Due Process Rights, David Stage

Marquette Law Review

In a recent trend in public law, municipalities are increasingly bringing “affirmative litigation,” suing large corporations to protect municipal residents and increase revenue. As affirmative litigation becomes popular among municipalities, more and more municipalities have found that their respective states (e.g., the State of Illinois for the City of Chicago) have already sued the would-be defendant for the same action. Because of the state’s prior action, the defendant can raise the common law defense of res judicata against the municipality to preclude the municipality’s lawsuit. If a defendant wants to raise the defense and preclude a subsequent lawsuit, then the …

Boden Lecture: Taxation Of Autonomous Artificial Intelligence, Reuven Avi-Yonah, Lucas Brasil Salama, Herbert Snitz, W. Robert Thomas

Marquette Law Review

This Article proposes that tax can be a useful supplement to other measures to regulate Autonomous Artificial Intelligence (AAI) and limit its potential harmful effects. This proposal differs from command-and-control regulation of AAI along the lines of European Union legislation that may unduly limit the development of AAI. It also differs from existing proposals to tax AAI to generate revenue to help workers displaced by AAI programs, or to tax the data used by AAI. The proposal is based on granting AAI programs like ChatGPT separate legal personhood, like corporate personhood, while incentivizing or requiring their corporate owner to place …

Church Autonomy, Textualism, And Originalism: Scotus’’S Use Of History To Give Definition To Church Autonomy Doctrine, Carl H. Esbeck

Marquette Law Review

Church autonomy is a First Amendment doctrine altogether distinct from the more familiar causes of action brought under the Establishment Clause and the Free Exercise Clause. The principle of church autonomy was first recognized by the Supreme Court of the United States in the post-Civil War case Watson v. Jones, holding that civil courts must not be drawn into resolving religious questions or settling disputes over church polity. And early this century, in the unanimous decision Hosanna-Tabor Evangelical Lutheran Church & School v. EEOC, the theory of church autonomy took on its most fully developed form as a constitutional immunity …

Tik Tok! Tiktok: Escalating Tension Between U.S. Privacy Rights And National Security Vulnerabilities, Lawrence J. Trautman

Marquette Law Review

Vastly popular short-form video provider TikTok employs personalized content algorithms for each consumer. Because TikTok is controlled by the Chinese Communist Party (CCP) of the People’s Republic of China, a legitimate question exists whether TikTok constitutes a national security risk to the West like a number of influential and successful high growth social media platforms that have been used by nation-states during recent years for propaganda and disinformation purposes. Cyberattacks upon American interests have been attributed to China, Iran, North Korea, Russia, and others. Well-documented examples of foreign activity and exploitation resulting from disruption of the U.S. elections since 2016 …

Tort Law: Cases & Critique, Thomas E. Kadri

Books and Book Chapters

No abstract provided.

Effects Of Multitasking During Interpersonal Video Chats, Clementina Edema, Matthew W. Merkling, Gabriela Gomes, Alina Niftulaeva, Caleb T. Carr, Aimee E. Miller-Ott

Faculty Publications - Communications

Even when engaged in synchronous dyadic video chats, individuals can be distracted from their communication partner. Drawing on the concept of crosstalk in face-to-face interactions, two studies explored the impact of a video chat partner’s distraction on perceptions of that partner’s social attractiveness, electronic propinquity, conversational immediacy, and social presence. The first study (N = 40) used a survey to have respondents recall and describe three specific prior social dyadic video chats (i.e. dyadic, dual front mediated crosstalk, collective mediated crosstalk), and then provide metrics of study variables for each episode and partner. The second study (N = …

The Impact Of Crisis History And Media Framing On Customers Perception In Business Management: A Study Of Boeing, Daniel Sherrick Apambila, Janet Anani Laadi, Margaret Nana Yaa Asare, Clementina Edema

Faculty Publications - Communications

In our globally connected era, organizational crises can unfold rapidly, demanding swift and effective communication strategies. Crisis communication, a critical aspect of public relations, can significantly influence an organization’s ability to navigate difficult times and maintain its reputation. This case study examines Boeing’s crisis communication and the company’s reputation management following the January 2024 incident where a door panel blew off an Alaska Airlines 737-9 MAX aircraft mid-flight. This article analyses two historical crises in comparison with Boeing’s initial communication failures, including delayed and inadequate responses that lacked transparency and empathy. It evaluates media coverage across traditional and social media …

The Efficacy And Usability Of Motivational Interviewing Just-In-Time Trainings For Youth Mentors, Mackenzie J. Hart, Samuel D. Mcquillin, Aidyn Iachini Ph.D., Msw, Lsw, Daniel K. Cooper, Mark D. Weist

Faculty Publications

Using youth mentors to deliver evidence-based psychosocial services has been proposed to increase the reach of treatments, in part given the affordability and ubiquity of mentors in youth settings. Further, tests of mentor-delivered motivational interviewing (MI) have shown increases in youth mentees' academic performance and wellbeing. Yet, traditional methods of training mentors to use MI can be costly and time-consuming. Previous work has suggested the value of asynchronous, brief, just-in-time training (JITT) to help offset these challenges; however, MI JITT for mentors has not yet been formally evaluated. As such, here, we report on a preliminary study of MI JITT …

From Fort To Prison: The Production Of Iloilo City, Ram Paulo A. Anayan

Filipino Faculty Publications

The foundation of colonial cities in the Philippines rests on violence. The Spanish policies of the reducción forced the natives to settle in pueblos where colonial power is ensured. The resistance of some natives brought about the divide between tagabayan (town dweller) and tagabundok (mountain dweller)—respective connotations of civilization and savagery (Lumbera and Lumbera, 36). This paper examines how this centripetal-centrifugal force of simultaneous identity-production and displacement is echoed in the metonymy of the fort on which the origins of Iloilo City stand. I navigate how this movement manifests in the consciousness of the city across historical periods represented by …

Bad Paper & The Problems With Moral Turpitude In The Va Context, Rebecca L. Feldmann

Missouri Law Review

Moral turpitude serves as a way to exclude former servicemembers from the U.S. Department of Veterans Affairs (“VA”) definition of a veteran. As a result, servicemembers who commit offenses deemed morally turpitudinous cannot access VA disability compensation, burial in a VA cemetery, education benefits, many types of VA healthcare, or any other of the multitude of benefits offered by the VA. This issue is especially problematic for veterans with “bad paper”—i.e., those with a less than fully honorable discharge—whose underlying misconduct is related to post-traumatic stress disorder (“PTSD”), a traumatic brain injury (“TBI”), or another mental health condition.

Pairwise Comparison Method Toolkit. A Toolkit For Countries To Measure Global Learning Outcomes., United Nations Educational, Scientific And Cultural Organization (Unesco), Australian Council For Educational Research (Acer)

Global education monitoring

This toolkit has been co-authored by the Global Education Monitoring (GEM) Centre at the Australian Council for Education Research (ACER) and the United Nations Educational, Scientific and Cultural Organization (UNESCO) Institute for Statistics (UIS). ACER provides technical support to the UIS, which has been mandated to monitor the progress of countries towards achieving Sustainable Development Goal 4 (SDG 4) in education to “ensure inclusive and equitable quality education and to promote lifelong learning opportunities for all” (United Nations, 2021). The GEM Centre sponsors and contributes to public goods and activities that facilitate education systems reporting against SDG 4 in a …

Toward A Welcoming Classroom: Assessment Of Student Perceptions Of Writing Education In Introductory Honors College Courses, Hilary K. Snow

Honors in Practice Online Archive

This study examines student perceptions of an introductory-level writing program in honors at a large, public R1 university. Author considers the efficacy of pedagogical interventions aimed at identifying gaps in the experience of writing for students from BIPOC and first-generation backgrounds and at developing more inclusive teaching practices. Collective revisions to the program’s writing philosophy, objectives, and rubrics helped instructors gain clarity and consistency across sections. A two-part survey was conducted at the beginning and end of the semester, and metrics were calculated for all respondents (N = 176) and targeted subgroups (n = 37; n = 30). …

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents

Corporate Scenarios: Drawing Lessons From History, Madison Condon

Seattle University Law Review

As corporations are increasingly pressed to reveal information about their exposure to climate-related risks, they are often asked to undertake and disclose the outcome of “scenario analysis.” In this exercise, corporations, including financial institutions, examine how their business would fare under different pathways the future may take. One oft-used scenario, for example, is the International Energy Agency’s “Net-Zero by 2050: A Roadmap for the Energy Sector.” This Essay presents a history of the use of scenarios as a corporate planning tool, particularly in the oil industry, arguing that it is key for understanding our present moment and the role of …

Shareholder Expression In A Time Of Heightened Political Tension, Aaron A. Dhir

Seattle University Law Review

In this article, I provide context for my forthcoming research project on shareholder proposals and racial equity audits. Since the murder of George Floyd in May of 2020, progressive shareholder actors have increasingly used the proposal mechanism to advance diversity, equity, inclusion, and justice-related goals. These proposals have frequently gone beyond requesting the usual corporate fare of diversity trainings, intersectionality workshops, affinity groups, etc. Instead, a more ambitious type of proposal asks corporate America to conduct racial equity audits, defined as “an independent, objective and holistic analysis of a company’s policies, practices, products, services and efforts to combat systemic racism …

Corporate Governance Speech, Sarah C. Haan

Seattle University Law Review

The State has always regulated the intra-firm communications that make corporate governance possible, most commonly by mandating disclosures of information by a corporation to its shareholders. Some such laws are labeled “securities regulation,” but securities regulation is a broad category that extends to speech by actors who are outside the corporate enterprise as well. Also, the conventional securities regulation category does not capture all such laws; other examples, including informationforcing mandates, can be found in state corporate law. This Article uses the term “corporate governance speech” to describe the communications among shareholders, directors, and officers through which corporate governance is …

Dark Accounting Matter, Colleen Honigsberg

Seattle University Law Review

Physicists calculate that approximately 85% of the matter in the universe is composed of “dark matter” that “does not absorb, reflect, or emit electromagnetic radiation and is therefore difficult to detect.” The S&P 500 currently trades at a price-to-book value of 4.2, suggesting that book value accounts for less than 20% of the S&P 500’s market value. The remaining 80% appears nowhere in these firms’ balance sheets—it is invisible to contemporary accounting techniques and constitutes “dark accounting matter.”

Some “dark accounting matter” is composed of factors commonly described as components of “ESG.” Human capital, for example, is an intangible asset …

The Employees’ Dilemma: Balancing Internal Reporting, Whistleblowing, And Insider Trading Risks, Geeyoung Min

Seattle University Law Review

The Essay examines how recent developments in insider trading regulations and whistleblower reward programs can lead to unintended and counterproductive results of discouraging employees from using internal reporting channels within corporate compliance programs. While the presence of a robust and well-functioning corporate compliance program is a critical factor both in mitigating the level of public enforcement actions against companies and in protecting corporate managers from liability in private litigation, these programs often provide little incentive for employees to report potential misconduct internally.

Corporate compliance programs are designed to promote the upward information flow within the company, which is essential for …

How The Antidiscrimination Law Of Commercial Transactions Really Works, Helen Norton

Seattle University Law Review

A variety of businesses now cite 303 Creative when seeking First Amendment protection for their refusal to serve certain customers based on those customers’ protected class status. How this litigation will play out remains to be seen. But future courts need not, and should not, repeat the 303 Creative Court’s misunderstanding of how the antidiscrimination law of commercial transactions actually works.

Part I of this Essay explains the Court’s longstanding understanding of the antidiscrimination law of commercial transactions, and then describes the Court’s failure to engage with this precedent in 303 Creative. Part II then identifies the 303 Creative decision’s …

Gait During Community Ambulation And Laboratory-Based Walking In People With Mild Traumatic Brain Injury, Prokopios Antonellis, Jae W. Lee, Peter C. Fino, Margaret M. Weightman, Siting Chen, Margaret Stojak, Mark E. Lester, Carrie W. Hoppes, Leland E. Dibble, Laurie A. King

Physical Therapy Faculty Publications

Background: Gait impairments are common in individuals with mild traumatic brain injury (mTBI), presenting in the acute phase and often persisting in subtle ways over time. Despite the prominence of laboratory gait evaluations, a comprehensive understanding of gait deficits post-mTBI necessitates the examination of various gait domains in real-world environments. Assessing gait during a community ambulation task (CAT) may capture real-world challenges and influence focused interventions or rehabilitation in individuals with mTBI.

Research Question: The aim of the study was to compare gait performance across independent gait domains in individuals with and without mTBI using wearable sensors during both the …

Navigating Recovery: Insights From Distance Learning Human Services Students' Abstinence Experience, Chaniece Winfield, Jill Kivikoski, Catalina Kraft

Counseling & Human Services Faculty Publications

With the rise in overdose and problematic drug use in the United States, it is crucial to develop competent human service practitioners in addiction treatment and recovery settings. This qualitative study explores the virtual abstinence experience of distance learning human services students, using Mezirow’s transformative learning theory to examine how a 21-day experiential abstinence prompts critical reflection and perspective transformation. The study investigates the socio-emotional and physiological factors influencing participants' progress toward sobriety, including cravings, withdrawal, isolation, and relapse triggers. Findings highlight how participants' critical reflection leads to a deeper understanding of addiction and recovery, as well as an enhanced …

Correction On The Status Of Nematodes Pavidus Horn, 1886 (Coleoptera: Eucnemidae: Dromaeolinae: Dromaeolini), With Redescriptions Of Two Species From The Southeastern United States And The Caribbean, Robert L. Otto

Insecta Mundi

The status of Nematodes pavidus Horn (Coleoptera: Eucnemidae), in relation to Nematodes punctatus LeConte and Nematodes teres Horn is being questioned after Muona (2000) revised the family in the Nearctic region. Investigations into the status of N. pavidus included explorations of the histories among these three species and examining images of the types through the Museum of Comparative Zoology’s website. It has been confirmed that Muona erred by synonymizing N. pavidus with N. teres before transferring both N. punctatus and N. teres to Dromaeolus Kiesenwetter. A correction has been made by transferring N. pavidus …

Checklist Of The Cerambycidae (Coleoptera) Of Panama, Alfredo Lanuza-Garay, Miguel A. Monné

Insecta Mundi

Abstract

A checklist of the Cerambycidae (Coleoptera) of Panama is provided, including 1,031 species and subspecies distributed in 433 genera, 63 tribes and subtribes, and five subfamilies. In addition, provincial distribution data are provided for each species. The following new country records for Panama are reported: Ischioloncha lineata Bates, 1885 (Panama and Colon Province) (Lamiinae: Apomecynini), Oncideres macra Thomson, 1868 (Panama and Panama Oeste Province), Oncideres minuta Thomson, 1868 (Panama province, San Blas Comarca), Oncideres ochreostillata Dillon and Dillon, 1952 (Barro Colorado Island) (Lamiinae: Onciderini). A new province record is presented for Rileyellus panamensis Wappes and Santo-Silva, 2020 (Darien Province) …

Living A Lie: The Truth Behind Isohydnocera Curtipennis (Newman) And Other Historically Confused Species Of Phyllobaenus Dejean, With The Description Of The New Genus Neohydnocera (Coleoptera: Cleridae: Clerinae: Hydnocerini: Hydnocerina), John M. Leavengood Jr.

Insecta Mundi

Taxonomic changes in the New World Hydnocerina (Coleoptera: Cleridae: Clerinae: Hydnocer­ini) at the species and genus level are presented. Phyllobaenus suturalis (Klug, 1842) and Hydnocera limbata Spinola, 1844 are designated junior synonyms of P. pallipennis (Say, 1825), new synonymy. Phyllobaenus nigrescens (Schaeffer, 1909) is designated a junior synonym of P. verticalis (Say, 1835), new synonymy. Iso­hydnocera curtipennis (Newman, 1840), P. lineaticollis Spinola, 1844, and Clerus brachypterus Klug, 1842, are re-established as junior synonyms of P. verticalis (Say, 1835), status reinstated, and I. curtipennis is accordingly reassigned to Phyllobaenus Dejean as P. curtipennis …

The First Species Of Prococcophagus Silvestri (Hymenoptera: Aphelinidae) From America North Of Mexico, Zachary Lahey, Alvin M. Simmons, Sharon A. Andreason

Insecta Mundi

Prococcophagus tobiasi (Myartseva) (Hymenoptera: Aphelinidae) is newly recorded from the state of Florida. This represents the first record of the genus Prococcophagus Silvestri in the United States. Amendments are made to the original description based on the newly collected specimens, and the species is placed in the context of the genus based on a phylogenetic analysis of 28S rDNA. The status of the specimens comprising the type series is discussed and notes are made on the unusual coloration exhibited by living specimens.

Cfl Learners’ Real-Time Processing Of Chinese Radicals: An Eye-Tracking Study, Yihsuan Wood, Jeffrey Jack Green, Ellen Knell, Yu Liu

Faculty Publications

This study used eye-tracking to investigate the real-time processing of phonetic and semantic radicals (components of Chinese characters that give clues to their pronunciation and meaning) by intermediate-level university Chinese foreign language (CFL) learners. Additionally, the study examined how knowledge and awareness of radicals affect real time character processing. Real-time radical processing involves identifying radicals and understanding their phonetic or semantic roles, while real-time character processing includes recognizing radicals and instantly comprehending entire characters’ meanings and pronunciations. This study’s first task focuses on radical processing, where CFL learners use radical knowledge to interpret multiple characters simultaneously. The second task extends …

Macroinvertebrate Community Dynamics In A Recovering, Hypersaline Estuary, Catherine M. Eckert, Claudia A. Tamez, Erin E. Easton, David W. Hicks

Gulf and Caribbean Research

The Bahia Grande is a 6,500—acre tidal basin located at the southernmost tip of Texas. Tidal flow into this coastal estuary was cut off in the 1930s, causing the basin to dry up for ~70 y. A pilot channel connecting the Bahia Grande to tidal waters was constructed in 2005, allowing flooding of the basin to occur. Throughout the period reported herein (2005–2019), the system remained characterized by persistent spatial and temporal episodes of extreme hypersalinity (>70)—a critical factor influencing estuarine community composition and driving key ecological processes. With additional rehabilitation actions forthcoming, characterization of the estuary is essential …

Lack Of Consistent Diurnal Trends In Acoustic Metrics From Restored Coral Reefs, Jeremy Velázquez-Alvarado, Valentina Pérez-García, Javier S. Tellechea, Joni T. Backstrom, Alex Mercado-Molina

Gulf and Caribbean Research

Once vibrant ecosystems, coral reefs are degrading at unprecedented rates due to natural and human—induced disturbances, necessitating immediate restoration and conservation efforts. Evaluating the success of these projects often involves assessing changes in reef biodiversity. Bioacoustics has emerged as a promising, non—invasive method for such evaluations, though its efficacy remains debated. This study aimed to determine whether the diurnal soundscapes of restored coral reefs are consistent across different time frames (months) and spatial scales (reefs), which is crucial for developing reliable monitoring tools for reef health. To achieve this, 2 commonly used acoustic indices, the Acoustic Complexity Index (ACI) and …

Artists Engage And Persist With Big Ideas, Michelle Mathias

Graduate Research Papers

In a choice-based, Teaching for Artistic Behavior (TAB) art studio classroom, students are encouraged to be independent, authentic, and self-directed learners. However, many students struggle with committing to and following through with their artistic ideas, often resulting in disengagement and work that lacks personal significance. This qualitative action research explored how implementing the Studio Habits of Mind, complemented by the Big Idea framework, influences student engagement and perseverance. By introducing a broad conceptual focus—specifically, the Big Idea of “Play and Art”—this study aimed to provide structure, foster personal connections, and support students in completing meaningful artwork. Research questions centered on …

Relationship Between Ehealth Literacy And Use Of Patient Portals Among Older Adults: An Integrative Review, Lore Oluwatominiyi

Senior Honors Theses and Projects

The rapid advancement of healthcare technologies, including patient portals, has the potential to improve patient engagement and health outcomes, particularly among older adults. However, the adoption of patient portals among this demographic remains relatively low, primarily due to varying levels of eHealth literacy. The aim of this integrative review, guided by the Whittemore and Knafl’s (2005) framework, was to investigate the experience of eHealth literacy and patient portal use among older adults. The databases of PubMed, CINAHL, and PsycINFO were searched for articles published between 2017 and 2023. Keywords used included: eHealth literacy, patient portals, and older adults. Thirty records …