Digital Commons Network^™

Pretrial Detention Without Counsel, Alison M. Siegler, Jaden M. Lessnick

Public Law and Legal Theory Working Papers

In federal courts across the country, judges are locking defendants in jail before trial without first giving them a lawyer. This deprivation-of-counsel crisis not only violates the statutory, regulatory, and administrative right to counsel at initial appearance hearings, but may even contravene the Sixth Amendment. This article builds on our Freedom Denied report—the first nationwide study of federal pretrial detention—and new data collected since. It makes three primary contributions. First, we explain the sources and nature of the right to counsel at federal initial appearance hearings (the first bail hearing in federal court). Second, we provide a data-driven illustration of …

Falsifying Tradition, Darrell A.H. Miller

Public Law and Legal Theory Working Papers

From cases spanning gun rights, reproductive freedom, religious liberty, and personal jurisdiction; to separation of powers and other structural features of the Constitution, courts increasingly rely on tradition to guide their decisions. Often, judges appeal to tradition in a vaguely empirical way, as “facts to study, not convictions to demonstrate about,” in the words of Justice Antonin Scalia. Yet, for a claim that purports to be factual, there’s very little agreement, or even analysis, about what renders this factual assertion—tradition—true or false. This Article tackles that foundational issue.

Part I surveys the ways in which courts use tradition in different …

The Supreme Court Under Threat: Early Lessons In Judicial Self- Protection, Curtis Bradley, Neil S. Siegel

Public Law and Legal Theory Working Papers

This Essay explores how the U.S. Supreme Court, despite being vulnerable to defiance of its decisions and political retaliation, has developed tools of judicial self- protection to preserve its institutional authority as well as the Constitution and the rule of law. Arguing that the Court performs not only a legal role that requires interpretation of the law but also a political one that demands institutional preservation, the Essay examines how the Court has historically navigated political threats by using a range of tools—including avoidance, delay, narrow rulings, strategic dicta, and rhetorical appeals. The Essay focuses on three nineteenth-century episodes: the …

Informative Jury Disagreement, Roy Baharad

Public Law and Legal Theory Working Papers

The article introduces a counterintuitive argument, contending that jury disagreement on the defendant’s guilt—a nonunanimous conviction—may well provide a more informative signal, compared to consensus. Because stronger consensus implies higher likelihood of herding, it is shown that beyond some threshold, further accumulation of votes to convict would carry negligible epistemic contribution, barely enhancing the posterior probability of guilt. On the other hand, while dissenting votes provide a direct signal of innocence, they indicate that herding has not been involved in the decision-making process, hence increase the epistemic contribution of any vote generated by said process— including votes to convict—and may …

Yes, The Founders Were Originalists, William Baude

Public Law and Legal Theory Working Papers

Jonathan Gienapp’s Against Constitutional Originalism accuses originalism of a kind of self- defeat, arguing that the Founders weren’t really originalists. But like Jefferson Powell’s sim- ilar argument forty years ago, which encouraged a shift from original intent to original meaning, Gienapp’s work may only help along a similar shift, this time from original mean- ing to our original law.

Gienapp makes four main claims: that the Founders’ Constitution wasn’t conventional law; that the Founders couldn’t agree on how to read it; that much of their fundamental law was unwritten; and that no originalist theory can account for this. As we …

Machine-Learning Human Rights, Han‐Wei Ho, Patrick Chung-Chia Huang, Nuno Garoupa, Martin T. Wells, Yun-Chien Chang, Tom Ginsburg

Public Law and Legal Theory Working Papers

Utilizing a comprehensive panel dataset spanning from 1900 to 2020, this study introduces an innovative methodology for the analysis and categorization of legal documents, specifically national constitutions. Contrary to the predominant reliance on unsupervised methods within the field, this research incorporates a supervised machine-learning approach, notably the SEMMS method, alongside traditional unsupervised algorithms. This dual approach facilitates a nuanced analysis of the human rights provisions contained within national constitutions, resulting in the identification of both traditional and novel constitutional groupings. Broadly speaking, the more traditional common law-civil law divide does not seem particularly relevant in this context. Furthermore, our methodology …

Purdue Pharma And The New Bankruptcy Exceptionalism, Anthony Casey, Joshua Macey

Public Law and Legal Theory Working Papers

No abstract provided.

Estimating Mariana Monitor (Varanus Tsukamotoi) Density With Multiple Methods On Islan Dåno’, Guam, And Its Relevance To Guam Rail (Hypotaenidia Owstoni) Conservation, Jack T. Christie

Cal Poly Humboldt theses and projects

The Mariana monitor (Varanus tsukamotoi), or hilitiai, is a medium-sized varanid lizard found throughout the Mariana islands. On Islan Dåno’, a small islet off the southwest coast of Guam, hilitai coexist with one of the rarest birds in the world, the Guam rail (Hypotaenidia oswtoni), or ko’ko’, which were introduced to the island in 2010. Since 2009, hilitai have been lethally removed from the island to reduce possible predation on ko’ko’. After 15 years of removal efforts, I sought to 1) estimate the abundance and density of hiltai, 2) assess the effect of removal effort and …

Use Of Public Information For Prospecting And Nest Site Selection By Western Bluebirds (Sialia Mexicana), Fatime Wadad Jomaa

Cal Poly Humboldt theses and projects

Public information that provides an estimate of reproductive success, in addition to information gained through direct environmental sampling, may provide an efficient way for individuals to assess future breeding site quality. I investigated the hypothesis that prospecting Western Bluebirds (Sialia mexicana) use post-breeding public information to select nest sites the following year across winegrape vineyards in Napa Valley. In late summer of 2023, I installed 200 nest boxes across 10 vineyards without prior box history. To simulate conspecific presence and successful breeding, boxes within 5 experimental vineyards were designated either full-treatment (boxes directly broadcasting adult song and nestling …

A Call For Integration Of Trauma-Informed Care Into Occupational Therapy: Improving Provider Competency Through A Case Study Of A Cooking Skills Program For Survivors Of Human Trafficking, Natalie Pravinkumar

OT Doctoral Capstones

Trauma, such as abuse, neglect, and violence, has evident lasting physical and mental health effects, such as chronic illness, behavioral changes, and depression. While trauma-informed care (TIC) helps providers recognize and respond to trauma, this training is often limited to mental health and social work fields. Many survivor populations never receive interventions designed with TIC in mind, restricting outcomes leading to reduced rehabilitation and reintegration.

Occupational therapy (OT) is fundamentally client-centered and functional, making it well suited for TIC. However, while they cover many similar topics, most OT programs do not include specific curriculum on TIC.

TIC education in OT …

The Effects Of A Spiritually Intergrated Trauma Healing Program On Ptsd Symptoms And Spiritual Well-Being In Nigeria, Emily Hervey

Faculty Publications - Doctor of Psychology (PsyD) Program

Post-traumatic stress disorder (PTSD) has been identified as a significant concern worldwide, but very few spiritually oriented programs to address trauma have been tested in low to middle-income countries. This study evaluated the effectiveness of a faith-based, community-centered program in reducing PTSD symptoms and enhancing spiritual well-being. The program is designed for the participants’ well-being, while also equipping them to help their community in a form of task sharing. A total of 98 Nigerians participated in six five-day workshops, half in the capital city and half in areas farther north, where conflict was more common. The Posttraumatic Stress Disorder Checklist …

The Ethical Theory Of Enrique Dussel: An Investigation Of Violence And Coercion In His Three Foundational Principles, Eric Antonio Del Valle Cruz

Dissertations

Problem

Enrique Dussel's ethics proposes addressing global inequality through legitimate coercion as a means of liberating the poor, contrasting it with the violence of the current system. However, the inclusion of life-threatening acts, such as armed revolution, as coercion raises practical challenges for the Christian community, including ethical-political dialogue, inclusion of opposing parties, and potential dehumanization, which need further exploration in light of Dussel’s use of Scripture in support of his proposals.

Purpose

This dissertation aims to assess Dussel's philosophical principles and their connection to coercion and violence, ultimately establishing a framework for a conservative Christian proposal that combines the …

Blue Carbon Stock Assessment Of The Mangrove Swamp Forest Reserve In Baganga, Davao Oriental, Philippines, Renz Morales Lanaban, Yves Paul M. Montero, Hilario L. Wong, Jr., Marnie Grace I. Sonico

Applied Environmental Research

Mangrove ecosystems are vital carbon sinks, yet they are threatened by anthropogenic pressures and natural disturbances, causing significant carbon stock losses. Given the limited data for Baganga, Davao Oriental, this study quantified the aboveground biomass (AGB) and blue carbon stock in the Lucod mangrove swamp forest reserve. We identified mangrove species, measured AGB and carbon content via allometric equations, and compared storage among species. The results indicated that the mangrove forest AGB was within typical ranges for tropical wet regions and the Asia-Pacific region, but its overall carbon content did not reach highly productive ecosystem levels. Nonparametric analysis revealed significant …

Health Risk Assessment Of Copper Exposure Through Hand-To-Mouth Activities In The Lithium-Ion Battery Manufacturing Industry, Adisorn Phungkum, Worawat Meevasana, Khanidtha Marungrueang

Applied Environmental Research

This study aims to evaluate the occupational exposure levels of copper (Cu) among workers in a battery manufacturing facility by analyzing the Cu concentrations on hand surfaces at three distinct time periods: before work (BW), before lunch (BL), and after work (AW). A total of 30 workers involved in 13 different workstations or tasks—such as battery cell preparation, spot welding, soldering, and labeling—were included in the study to reflect diverse exposure scenarios. Surface wipe sampling was conducted according to NIOSH Method 9102, and the Cu concentrations were quantified via inductively coupled plasma‒mass spectrometry (ICP‒MS). Additionally, the hazard quotient (HQ) was …

Spatial Estimation Of Trophic State For Reservoir Using Ground Monitoring And Remote Sensing Data, Thong Nguyen Hoang, Van Tran Thi

Applied Environmental Research

Nutrient pollution, also known as eutrophication, is a severe environmental problem that leads to harmful algal blooms in water bodies and affects water supplies for human use. This study aims to determine the trophic state of the reservoir based on the trophic state index (TSI) calculated from ground monitoring data of Secchi depth (SD), total phosphorus (TP), and chlorophyll-a (Chl-a) obtained from 35 points in 2 survey periods during the late rainy season to early dry season 2012–2013 and May 2023. In addition, we combined remote sensing data to spatially estimate the eutrophication situation across the reservoir through correlation analysis …

Spatial And Temporal Trends In Surface Water Quality And Pollution Sources In Ben Tre, Vietnam: A Principal Component Analysis/Factor Analysis-Based Approach, Nguyen Xuan Tong, Luu Tang Phuc Khang

Applied Environmental Research

Surface water quality is vital for maintaining ecological health and supporting sustainable development, particularly in the Mekong Delta, Vietnam, where water is heavily utilized. However, rapid urbanization and economic activities have led to water pollution. This study assessed the spatial and temporal variations in surface water quality in Ben Tre Province from January 2022 to December 2023 using 384 samples collected across dry and rainy seasons and two zones (headwater streams and cities). The water quality index (WQI) was calculated on the basis of 15 parameters, and principal component analysis/factor analysis was applied to identify pollution sources. Five key factors …

Current Behavior Analytic Research On Assent And Assent Withdrawal Of Students With Disabilities, Zailey K. Greeno

Research Papers

The field of behavior analysis is ever-evolving, just as the seven dimensions of applied behavior analysis have instructed it to (Baer et al., 1968). Over time, certain procedures, such as electric shock, spanking, and restriction of movement (Leaf et al., 2021), have become unethical, which has resulted in modifications to the Ethics Code for Behavior Analysts (Behavior Analyst Certification Board, 2020), as well as everyday practice to ensure these unethical interventions are no longer utilized. Despite these advances, there are still areas that are lacking in the field. Therefore, the current paper will review the literature in behavior analysis that …

Quantum Technologies For Beyond 5g And 6g Networks: Applications, Opportunities, And Challenges, Engin Zeydan, Chamitha De Alwis, Rabia Khan, Yekta Turk, Abdullah Aydeger, Thippa Reddy Gadekallu, Madhusanka Liyanage

Electrical Engineering and Computer Science Faculty Publications

As the world prepares for the advent of 6G networks, quantum technologies are becoming critical enablers of the next generation of communication systems. This survey paper investigates the convergence of quantum technologies and 6G networks, focusing on their applications, opportunities and challenges. We begin with an examination of the motivations for integrating quantum technologies into 6G, investigating the potential to overcome the limits of classical computing and cryptography. We then highlight key research gaps, particularly in quantum communication, quantum computing integration and security enhancement. A comprehensive overview of quantum technologies relevant to 6G, including quantum communication devices, quantum computing paradigms, …

Facilitating A Class For All Students - An Extensive Literature Review, Maya Lynn Mcdaniels

Honors Program Theses

Under the Individuals with Disabilities Act (IDEA), every child with a recognized disability is guaranteed a free appropriate public education (FAPE). This means that it is my job as a future elementary school special education teacher to provide FAPE by meeting students’ individual needs, often through an individualized education program (IEP), which includes the provision of specially designed instruction, services, and supports. For example, if an IEP calls for a behavior intervention plan, educators are required to implement proactive supports, such as structure and reinforcement systems or scheduled breaks, to ensure equitable access to learning. As an educator, it is …

Ai-Driven Differentiation And Quantification Of Metal Ions Using Ities Electrochemical Sensors, Muzammil M. N. Ahmed, Parth Ganeriwala, Anthi Savvidou, Nicholas Breen, Siddhartha Bhattacharyya, Pavithra Pathirathna

Electrical Engineering and Computer Science Faculty Publications

Electrochemical sensors, particularly those based on ion transfer at the interface between two immiscible electrolyte solutions (ITIES), offer significant advantages such as high selectivity, ease of fabrication, and cost effectiveness for toxic metal ion detection. However, distinguishing between cyclic voltammograms (CVs) of analytes with closely spaced half-wave potentials, such as Cd2+ and Cu2+, remains a challenge, especially for non-expert users. In this work, we present a novel methodology that integrates advanced artificial intelligence (AI) models with ITIES-based sensing to automate and enhance metal ion detection. Our approach first employed a convolutional neural network to classify CVs as either ideal or …

Characterization Of The Erv41-Erv46 Complex As A Retrograde Receptor For Misfolded Secretory Proteins, John Andrew Fuesler

Dartmouth College Ph.D Dissertations

The Endoplasmic Reticulum (ER), the site of secretory protein biosynthesis

provides a favorable environment to promote polypeptide folding, protein

oligomerization and export. Although the ER contains many chaperones and other

factors that assist in protein folding, this process is error prone. Eukaryotes have

evolved protein quality control checkpoints to maintain homeostasis in the secretory

pathway, however these processes are imperfect and may result in proteotoxicity

when toxic levels or aggregates of proteins arise. Mutations in proteins involved in

trafficking in the early secretory pathway are closely associated with disease states.

Therefore, it is of great interest to further understand how …

Volume 48 Masthead, Seattle University Law Review

Seattle University Law Review

Volume 48 Masthead

Voting Matters: Materiality Considerations And The Shareholder Vote, Renee M. Jones

Seattle University Law Review

For the shareholder franchise to have meaning, shareholders must have access to relevant information to inform their voting decisions. The securities laws’ disclosure requirements play an essential role in informing the shareholder vote.

This Essay focuses on the question of the materiality of information in the context of shareholder voting. It addresses the question of whether ESG-related information is material, positioning the materiality inquiry within the context of shareholders’ voting decisions. It explores the definition of materiality with a focus on the “reasonable investor” concept embedded within the definition. The Essay argues that the implicit expectations of many commentators that …

Volume 48 Masthead, Seattle University Law Review

Seattle University Law Review

Volume 48 Masthead

Understanding The Big Three’S Wavering Support Of Environmental And Social Shareholder Proposals, Jeff Schwartz, Jefferson Jensen

Seattle University Law Review

Because of their substantial equity portfolios, BlackRock, Vanguard, and State Street (the Big 3) are central players in corporate governance. It is, therefore, critical to understand how they vote. One puzzle is that their support for shareholder proposals on environmental and social matters appears to waiver. In 2020, for instance, BlackRock supported 11.1% of environmental proposals at S&P 500 firms. In 2021, it seemingly reversed course, supporting 55.2%. It then flipped again, supporting 32.1% in 2022. Such statistics suggest that the Big 3 are constantly changing their views on these topics. This Article seeks to better understand whether this is …

Volume 48 Masthead, Seattle University Law Review

Seattle University Law Review

Volume 48 Masthead

Investigating Pronunciation Teaching Practices And Teachers’ Beliefs About Pronunciation Instruction In Efl/Esl Classrooms, Barry Moussa

Graduate Research Papers

This literature review aims to explore existing research on pronunciation teaching practices and teachers’ beliefs about pronunciation instruction in English as a Foreign Language (EFL) and English as a Second Language (ESL) classrooms. To achieve this, I will first delve into teacher cognition research, intending to find current reported and actual practices surrounding pronunciation teaching. The importance of pronunciation instruction has been widely discussed and acknowledged by scholars in applied linguistics and teacher education programs. Various studies have identified pronunciation instruction as a key component for fostering effective oral communication skills in second language acquisition, specifically enhancing intelligibility (i.e., accuracy …

The Role Of Financial Literacy Education In Shaping Students’ Future Financial Decisions, Arianna Shornock

Honors Program Theses

This paper aims to explore the relationship between the effectiveness of financial literacy programs and their influence on students' future decision-making. In this study, survey data were collected from a random sample of young adults aged 18-25 years, primarily located in the Midwest region of the United States. This study suggests that students who took a financial literacy class are less likely to perform better on financial literacy topics and are less likely to have higher perceived confidence when making financial decisions, which contrasts with the existing evidence in the literature over financial literacy programs. Possible explanations for this deviation …

Designing An Affordable Motion Capture System For Multi-Robot Research And Education, Hojune Kim , '25

Senior Theses, Projects, and Awards

In this work, we propose a low-cost motion capture system for real-time tracking of multiple robots’ positions and orientations in indoor environments, specifically tailored for research and educational applications. Precise localization is essential for evaluating robotics algorithms such as decentralized multi-agent control, cooperative path planning, and collision avoidance. [1-3] However, commercial motion capture systems like Vicon and OptiTrack cost between $50,000 and $150,000, making them inaccessible for many smaller institutions, student clubs, and low-resource labs. To address this challenge, we developed an affordable alternative based on three ceiling-mounted 1080p USB cameras and AprilTags. Our system operates at 30 Hz and …

Progress Toward The Synthesis Of Pyridine-Containing Macrocycles Using Dynamic Alkyne And Olefin Metathesis, Stephen Kwas , '25

Senior Theses, Projects, and Awards

Tubular structures are ubiquitous in nature and possess functions ranging from the structural ones played by microtubules to transporting necessary ions across cell membranes by membrane proteins. In addition, the excellent electronic and structural properties of carbon nanotubes have made them of great interest to chemists. Yet, the functionalization of these nanotubes is hindered by unselective post-modification, often requiring harsh reaction conditions. As such, the assembly of macrocycles into nanotubular structures has been widely studied by chemists. One such way to make these materials is by using dynamic, reversible reactions to synthesize pyridine-containing macrocycles in high yields. Due to inherent …