Digital Commons Network^™

Stealing Graceland And Evicting Aunt Mary Ann: Real Property, Erica L. Sullivan

Mercer Law Review

This Article surveys developments in Georgia real property law between June 1, 2023, and May 31, 2024. This Article reviews several cases decided during the Survey period and highlights real estate trends and news both in Georgia and nationally.

Local Government, Jacob Stalvey O'Neal, Russell A. Britt, Mathis L. Gales, Jennifer Dorminey Herzog, Nicholas A. Kinsley, M.Blake Walker

Mercer Law Review

As usual, the Survey saw multiple published cases involving the doctrine of sovereign immunity. Georgia courts clarified multiple sovereign immunity waivers, including waivers for injunctive and declaratory relief claims, waivers for nuisance claims, and waivers for claims involving negligent uses of government vehicles. This Article attempts to summarize the highlights and noteworthy cases.

Wills, Trusts, Guardianships, And Fiduciary Administration, Mary F. Radford

Mercer Law Review

This Article discusses significant cases decided by the Georgia appellate courts during the period of June 1, 2023, through May 31, 2024, and significant Georgia legislation enacted in that same period that relate to Georgia probate and trust law, guardianship, and estate planning. The cases discussed fall under three categories: wills and the administration of decedents’ estates (including cases relating to testamentary capacity, inheritance by children born out of wedlock, undue influence, and the disposition of a decedent’s remains); trusts and trustees (specifically a trustee’s entitlement to have attorney fees paid from the trust when defending against charges of maladministration …

Under Observation: Wilson V. Inthachak Shows That Georgia’S Emergency Care Statute Still Lacks A Uniform Interpretation, Thomas S. Kiser

Mercer Law Review

This year, pro- and anti-tort reform forces met on the battleground of O.C.G.A. § 51-1-29.5(c), a statute that gives doctors increased protection from malpractice claims when they provide “emergency medical care in a hospital emergency department . . . .” When healthcare providers or hospitals are sued for negligence under these circumstances, the plaintiff must have clear and convincing evidence that the provider was grossly negligent, a greater hurdle than an ordinary medical malpractice plaintiff would need to overcome. While the statute is crystal clear in its purpose, Georgia courts have not reached a consensus regarding its application. Wilson v. …

Two Bites, Different Apples: The Georgia Supreme Court Revolutionizes Forty-Year Precedent On First-Offender Appeals In Howard V. State, Joshua R. Wright

Mercer Law Review

Since 1968, Georgia’s First Offender Act has provided for an alternative sentencing procedure for criminal defendants who have not previously been convicted of a felony. The Act allows trial courts to place a defendant on probation or sentence them to a term of confinement before a conviction and without entering a judgment. The significance of this procedure is that, if a defendant successfully completes the terms of their first-offender status, they are exonerated and the prosecution’s case is discharged by law. The former defendant receives no criminal conviction and their civil rights and liberties are preserved.

Lgbtq+ College Students’ Willingness To Access Campus Health Services At A Midsized, Urban Christian University: A Study On Disparities, Samual J. Piatt, Christian Williams, Frecia Gonzalez

SPARK Symposium Presentations

Introduction

LGBTQ+ college students face inequitable health outcomes in both mental health and physical health versus non-LGBTQ+ counterparts (The Trevor Project, 2023), (Brittain et Dinger, 2015). LGBTQ+ students experience higher unwillingness and disparities in care access due to negative perceptions of and experiences with UHS providers (Hood et al, 2019). Research indicates that better provider LGBTQ+ cultural awareness contributes to a more affirming space which in turn benefits LGBTQ+ healthcare (Parmenter et al, 2020), (Prasad et al, 2023).

Methods

A 2024 cross-sectional study assessed the comfort levels of LGBTQ+ college students in accessing student health services, explore how affirming healthcare …

Leveraging Within-Field Spatial Variability To Optimize Soybean Yield, Seed Quality, And Profitability, Marina Marly Dalla Betta

Department of Agronomy and Horticulture: Dissertations, Theses, and Student Research

Optimizing yield and seed quality in soybean production is critical for both profitability and meeting market demands. However, within-field variability in soil properties poses a challenge in determining optimal management strategies to maximize soybean yield, seed quality, and profitability. This work aimed to evaluate the spatial variability of soybean fields to optimize soybean seeding rates, seed quality, and profitability. Two case studies were used to carry over this research. The first study looked at the optimal economical site-specific soybean seeding rates using 11 on-farm precision experiments across Nebraska. The second study looked at the protein and oil variability within 22 …

Post-Emption And The Mayoral Toolbox: Levers And Limits Of City Resistance To State Preemption, Quinton D. Lucas, Gavriel Schreiber

University of Chicago Law Review

States increasingly deploy aggressive preemption measures against disfavored localities. Scholars have raised the alarm, but cities’ subordinate legal status leaves them disempowered. To push back, municipal advocates need to thoroughly under- stand the complex bilateral relationship between cities and their states.

That is where I come in. As mayor of a progressive city in a conservative state, I swim in the hostile symbiosis that characterizes city-state relations. By drawing on real-life examples, closed-door conversations, and previously private documents, my coauthor and I demonstrate the potence of multipronged city power. We synthesize our stories into a thicker account of state motivation …

Incarcerated Persons Litigation | Notes, Arthur S. Leonard

Other Publications

No abstract provided.

Civil Litigation | Notes, Arthur S. Leonard

Other Publications

No abstract provided.

Viewing The Unseen: Requesting Accommodation For Non-Visible Disabilities Under The Ada After Kelly V. Town Of Abingdon, Jason Naulty

North Carolina Law Review

No abstract provided.

Disability Discrimination By Clinical Algorithm, Elizabeth Pendo, Jennifer D. Oliva

North Carolina Law Review

No abstract provided.

Case Brief: In Re R.A.F.–Beware Of The "Haunting Specter", Sam W. Scheipers

North Carolina Law Review

No abstract provided.

Towards Privacy-Aware Iot Communications: Delegable, Revocable, And Efficient, Pengfei Wu, Jianfei Sun, Guomin Yang, Robert H. Deng

Research Collection School Of Computing and Information Systems

The Internet of Things (IoT) is widely recognized for its potential to enhance efficiency and productivity across various industries. However, its increasing prevalence has also made it a more attractive target for cybercriminals. While many advanced cryptographic solutions have been developed to secure IoT, some practical security and privacy issues such as self-sovereign delegation, flexible revocation, and lightweight access remain inadequately addressed in existing solutions. In this paper, we propose PLIC, a Privacy-aware Lightweight IoT Communication scheme, which not only enables any authorized user to flexibly delegate their lightweight access privileges to other delegatees, such that they can also access …

Reconceptualizing Property Law's Background Principles In Takings Law, Timothy M. Mulvaney

Faculty Scholarship

Both libertarians and progressives celebrated the result in Tyler v. Hennepin County. This Article asserts that this unified celebration has overshadowed the extent to which the Supreme Court’s reasoning calls into question even our most foundational assumptions about the meaning of property and the takings protections the constitution affords to it. Followed to its literal end, Tyler remarkably suggests that owners may well need to ground their expectations in the property laws endorsed by a majority of states rather than in the laws of their own state.

Suspicious that the Court intended such a revolutionary upheaval of the state variations …

Shaping Preferences With Pigouvian Taxes, Gary M. Lucas Jr.

Faculty Scholarship

A Pigouvian tax is a tax that is imposed to correct an externality, which arises when a person engages in behavior that harms others without their consent. Pigouvian taxes are popular among academics—with prominent economists and legal scholars arguing for their imposition on myriad goods and activities that harm third parties, like carbon emissions and alcohol. Policymakers have recently been receptive to at least some of these arguments as evidenced by taxes imposed on or proposed for a variety of externality-generating goods, including guns, plastic bags, and sugary drinks.

The conventional economic rationale for Pigouvian taxes assumes that they affect …

Transforming Fair Use, Glynn Lunney

Faculty Scholarship

In the United States, the fate of fair use, and by extension, copyright itself, hang in the balance. In recent years, courts have disagreed over fair use’s proper scope. On the one side are appellate decisions that interpret fair use broadly. While these decisions do not go so far as to suggest that every reuse is fair, they typically use the talismanic phrase “transformative use” and give it a generous and flexible interpretation. On the other side are appellate decisions that interpret fair use restrictively. While again they do not go so far as to suggest no reuse is fair, …

Intellectual Property, Global Inequality, And Subnational Policy Variations, Peter K. Yu

Faculty Scholarship

This chapter criticizes the oversimplification of the binary North–South debate on intellectual property, innovation, and global inequality and highlights the wide geographic, sectoral, and income inequalities within middle-income countries. It begins by explaining why the arrival of these countries has called into question the North–South debate. The chapter then moves from the widely studied subject of global inequality to the underexplored topic of national inequality. Focusing on the intellectual property context, the discussion highlights the considerable subnational variations in the economic and technological conditions of middle-income countries. To combat national inequality, this chapter concludes by recommending interventions in three areas: …

Section 1: Defining Arbitration And Addressing Structural Bias, Nancy A. Welsh

Faculty Scholarship

The Supreme Court’s jurisprudence pursuant to the Federal Arbitration Act (FAA) has successfully encouraged the use of arbitration to resolve disputes of all types, including those arising out of contracts of adhesion. Meanwhile, with one very limited exception, neither Congress nor the Supreme Court has done anything to assure those bound by adhesive contracts that the required arbitration process will be fair, impartial, and consistent with due process principles. The FAA does not even include a definition of arbitration to guide arbitration providers and individual arbitrators. This chapter proposes the addition of a definition of arbitration to the FAA to …

Basic Safety Message Generation Through A Video-Based Analytics For Potential Safety Application, Abyad Enan

All Theses

With the advancement of modern artificial intelligence techniques, computer vision can play a vital role in enhancing roadway safety by reducing the risk of imminent collisions. To do so, a vision-based safety application is required, where a roadside camera can monitor the roadway traffic and predict potential risks of crashes in real-time. If any risky situation or behavior is observed that may lead to a crash, then a safety application can send warnings to the vehicles at risk. For vision-based safety applications on a roadway section, it is important to accurately monitor each vehicle’s location, speed, acceleration, heading direction, etc. …

Assessing The Potential For Photosynthetic Degradation Of Per- And Polyfluoroalkyl Substances, Marlow Thomas

All Theses

PFAS is a prevalent groundwater contaminant. It has been known to cause many health issues for humans and animals including cancer and several diseases. A main problem faced with PFAS is contamination in groundwater. Remediation strategies have been and continue to be researched to try to mitigate this issue. Current treatment strategies to mitigate PFAS include the use of granular activated carbon, ion exchange, chemical oxidation, and many hybrid treatments. There has not been one treatment technology to date that has prevailed as the best due to monetary and time constraints.

The main intention behind this research is to examine …

Estimating The Effect Of Residential Sales Prices On Building Permits, Emilio Becerra

All Theses

This paper addresses home sales prices’ impact on residential building permit authorization in South Carolina’s Greenville and Richland counties amid the COVID-19 pandemic. The estimation uses a comprehensive data set of the housing markets in both counties for 2016 to 2022, incorporating 88,098 home sales. The analysis exploits the variation in sales prices of homes to analyze the sensitivity in the supply of permits to builders through an instrumental variables approach. Using two instruments, violent crimes and household income, the effect of sales prices on the supply of building permits is positive and statistically significant. Included in the first-stage regression …

Investigation Of Chondrogenesis, Myogenesis, And Osteogenesis After 2,4-Dtbp, 2-Bp, 4-Bp, 3,5-Dtbc Exposure In Zebrafish, Haley Brashears

All Theses

Synthetic phenolic antioxidants (SPAs) are used in personal care products, food packaging, and water pipes, common SPAs include 2,4-di-tert-butylphenol (2,4-DTBP), 2-tert-butyl phenol (2-BP), and 4-tert-butyl phenol (4-BP). These compounds are detected in the environment and in human biological samples. 2,4-DTBP has been detected in cord plasma, placenta, and breast milk samples. This drives the concern regarding developmental toxicity. In human iPS cells 2,4-DTBP impairs differentiation into somites and osteoblasts. Other SPAs, like 2,6-di-tert-butyl-hydroxytoluene caused increased rates of malformations including yolk and pericardial edema, and spinal curvature in 5-day post fertilization (dpf) zebrafish. …

The Relationship Between Aging Perceptions And Cognition Among Older Adults: A Cross-Sectional Study Using The Enact And Efit Studies, Ava Mcvey

All Theses

Maintaining cognition is critical to overall health and independence. While lifestyle predictors (e.g., cognitive engagement, social engagement, physical activity) of cognition have been established in current research, the relationship of one’s perceptions of aging and cognition have been less thoroughly investigated. This thesis cross-sectionally explores the relationships between self-perceptions of aging (SPA; including awareness of age-related change and expectations regarding aging) and cognition, including performance-based measures of executive function (Matrix Reasoning, Letter/Number Switching, Digit Symbol, Trails A & B, Visual Paired Associates) and self-reported cognition (Cognitive Self Report Questionnaire). Participants include community dwelling older adults from two studies: the Elucidating …

The Effects Of Individual Differences In Working Memory On Trust Recovery, Connie Ku

All Theses

While trust repair is an active area of inquiry, most technology does not have the ability to initiate trust repair. Thus, it is crucial to examine how unaided trust recovery occurs and the factors that could influence it. Prior research has highlighted the potential importance of individual difference factors such as working memory capacity (e.g., Rovira, Pak, McLaughlin, 2017). However, the specific dynamics of unaided trust recovery and how they are influenced by individual differences are unknown. This study examined how working memory (WM) was related to the process of unaided trust recovery. In addition, this study also examined the …

Virtual Production In Unreal Engine 5: Tools For The Game And Film Industry, Hannah Hogan

Master of Fine Arts in Digital Media Culminating Experience

Virtual Production (VP) blends both the game and film industries with the use of Unreal Engine. This thesis explores how Unreal Engine 5 (UE5) bridges the gap between these fields, providing powerful tools for both film projects and immersive experiences. The research examines UE5's capabilities, including real-time rendering, photorealistic environments, and immersive set design, and demonstrates how game and film production workflows intersect. This study focuses on three case studies highlighting how VP tools can be used in district ways: immersive gameplay, film production, and creating engaging video game trailers. Finally, this research explores the advantages of the diverse ways …

Towards Unified Multimodal Editing With Enhanced Knowledge Collaboration, Kaihang Pan, Zhaoyu Fan, Juncheng Li, Qifan Yu, Hao Fei, Siliang Tang, Richang Hong, Hanwang Zhang, Qianru Sun

Research Collection School Of Computing and Information Systems

The swift advancement in Multimodal LLMs (MLLMs) also presents significant challenges for effective knowledge editing. Current methods, including intrinsic knowledge editing and external knowledge resorting, each possess strengths and weaknesses, struggling to balance the desired properties of reliability, generality, and locality when applied to MLLMs. In this paper, we propose UniKE, a novel multimodal editing method that establishes a unified perspective and paradigm for intrinsic knowledge editing and external knowledge resorting. Both types of knowledge are conceptualized as vectorized key-value memories, with the corresponding editing processes resembling the assimilation and accommodation phases of human cognition, conducted at the same semantic …

Triadic Temporal-Semantic Alignment For Weakly-Supervised Video Moment Retrieval, Jin Liu, Jialong Xie, Fengyu Zhou, Shengfeng He

Research Collection School Of Computing and Information Systems

Video Moment Retrieval (VMR) aims to identify specific event moments within untrimmed videos based on natural language queries. Existing VMR methods have been criticized for relying heavily on moment annotation bias rather than true multi-modal alignment reasoning. Weakly supervised VMR approaches inherently overcome this issue by training without precise temporal location information. However, they struggle with fine-grained semantic alignment and often yield multiple speculative predictions with prolonged video spans. In this paper, we take a step forward in the context of weakly supervised VMR by proposing a triadic temporalsemantic alignment model. Our proposed approach augments weak supervision by comprehensively addressing …

Prison Social Climate, Chloe Upton

Honors Projects

This literature synthesis proposes an examination of what social climate is most effective for establishing positive prison culture for inmates. By looking into various research based on various authors, readers are able to learn about what is the most effective methodology for a positive prison climate.

Genetic Analysis Of A Novel Population Of Southern Flying Squirrels (Glaucomys Volans) Found In Lincoln, Ne, Jennifer Wettschreck

Biology Theses, Dissertations, and Student Creative Activity

In 2018 a novel population of southern flying squirrels (Glaucomys volans) was discovered in Lincoln, Nebraska, 80 km outside of their known range. Southern flying squirrels are designated as a “Tier-1” species of concern within Nebraska and the origin of this new population is of interest to state biologists. This study will provide insight into the probable origin of this new population by comparing genetic samples from known populations of southern flying squirrels. Museum specimens were collected from two well-established populations in Florida and Texas, as well as samples from individuals native to Nebraska (Indian Cave State Park) to compare …