Digital Commons Network^™

Power Shift: Evaluating Corporate Bylaws That Add Fee-Shifting Provisions After The Decision In Atp Tour Inc. V. Deutscher Tennis Bund, 91 A.3d 554 (Del. 2014), Alixander Pishghadamian

Southern Illinois University Law Journal

Fee-shifting provisions are controversial because they shift the costs of litigation to a non-prevailing party, contrary to the widely accepted American Rule of litigation in which parties generally pay their own attorney’s fees and costs. In a case of first impression, the Delaware Supreme Court had to determine whether a fee-shifting provision within a non-stock corporation’s bylaws, also known as a fee-shifting bylaw, was valid and enforceable. In ATP Tour v. Deutscher Tennis Bund, the Delaware Supreme Court held that fee-shifting bylaws are permissible under Delaware law because a corporation’s bylaws are presumed to be valid. This Note argues that …

Old Mr. Kroupa Had A Farm, Eieio: Establishing A Liberty Interest In 4-H Participation In Kroupa V. Nielsen, 731 F.3d 813 (8th Cir. 2013), Steven A. Rodgers

Southern Illinois University Law Journal

In Kroupa v. Nielsen, the Eighth Circuit Court of Appeals decided whether participation in the 4-H organization, and its competitions, was a sufficient right or status under state law to be protected by the Due Process Clause. This Note argues that the United States Court of Appeals for the Eighth Circuit was correct in holding that 4-H participation is a sufficient right or status deserving protection under the Due Process Clause. Whether participation in 4-H is a protected right or status under the Constitution may have a substantial effect on numerous other activities as courts struggle with the balance between …

Can Public Servants Retire?: Analyzing The Illinois Supreme Court’S Decision In Kanerva V. Weems, 2014 Il 115811, 13 N.E.3d 1228, Adam M. Riley

Southern Illinois University Law Journal

In response to the State’s failure to consistently fund its pension systems, delegates to Illinois’ Sixth Constitutional Convention adopted the pension protection clause of the 1970 Illinois Constitution, which constitutionally protects the state employee pension benefits. In 2012, during a period of serious financial hardship, the General Assembly passed legislation eliminating the state’s requirement to pay health insurance subsidies to members of a state retirement system. Members of the retirement systems challenged the constitutionality of the Act, and in Kanerva v. Weems, the Illinois Supreme Court held that health insurance subsidies are “benefits” under the pension protection clause, and therefore …

Religious Liberty Vs. Discrimination: Striking A Balance When Business Owners Refuse Service To Same-Sex Couples Due To Religious Beliefs, Alex Riley

Southern Illinois University Law Journal

Same-sex marriage is now legal in all fifty states, which has created a same-sex wedding industry. Some business owners, who do not believe in discrimination based on sexual orientation, nevertheless have religious beliefs that forbid them from participating in same-sex marriage ceremonies and celebrations by providing goods and services for those ceremonies and celebrations. This comment argues for passage of a statute which adequately protects business owners who have religious objections to same-sex marriage, but does not provide for blanket discrimination against the LGBT community. The comment argues this goal is feasible if the statute is narrowly tailored to encompass …

Fifty Years Of Open Source Movement: An Analysis Through The Prism Of Copyright Law, V. K. Unni

Southern Illinois University Law Journal

The open source software development model, which concerns the manner in which software technology is held, developed, and distributed, is an important phase in the evolution of the software industry. Open source software has powered the infrastructure of the Internet, and programs like Linux, Apache, and BIND, which use open source software, are often used as tools to run various Internet and business applications. Under the open source model, users are given access to software’s source code, and all components of the software are made available to the market by use of a very liberal license with few restrictions. This …

The Constitutional Conventions Of Illinois; An Annotated Bibliography, Douglas W. Lind, Alicia G. Jones

Southern Illinois University Law Journal

Illinois has called six constitutional conventions, beginning with its statehood in 1818, resulting in four approved state constitutions, approved in 1818, 1847, 1870, and 1970, and two constitutions rejected by voters in 1862 and 1920–1922. Conventions have been called seeking constitutional remedies for various problems that arose as the state’s population grew. These included broad, general issues like the distribution of powers between government branches, the veto power of the governor, slavery, and suffrage, as well as more discrete issues, like improvement of rivers, the contracting out of convict labor, and the many concerns associated with the rapid growth of …

The Role Of Apologies In Labor Arbitration Outcomes, Michele Hoyman, Lamont Stallworth, David Kershaw

Southern Illinois University Law Journal

This article considers the extent to which apologies provided by grievants affect the rulings of labor arbitrators in discipline and discharge cases. We used an experimental survey design which asked respondents to render awards on hypothetical arbitration cases. Hypothetical cases varied across four variables of importance: (1) the (perceived) sincerity of an apology, (2) the timing of the apology, (3) the issue in the case—sexual harassment, insubordination due to refusal to work, and insubordination due to profanity, and (4) the seniority of the grievant. All members of the National Academy of Arbitrators were surveyed, which provided a total of 177 …

To The Dictionary And Beyond! The Personification Of Corporations In Burwell V. Hobby Lobby Stores, Inc., 134 S. Ct. 2751 (2014), Alex Riley

Southern Illinois University Law Journal

In March of 2010, President Obama signed the Patient Protection and Affordable Care Act, which provides that group health plans must provide coverage for certain forms of preventative care and screenings for women. Regulations promulgated pursuant to this provision, commonly known as the contraceptive mandate, required coverage for all FDA-approved contraceptive methods without cost sharing. Two closely held corporations sued the U.S. Department of Health and Human Services under the Religious Freedom Restoration Act (RFRA). The suit was based on the owners’ opposition to abortion, which was rooted in their sincerely held religious beliefs. The plaintiffs sought to enjoin enforcement …

When Prohibition Is Not Regulation: Analyzing The Court's Decision In Wallach V. Town Of Dryden, 16 N.E.3d 1188 (N.Y. 2014), Adam J. Loos

Southern Illinois University Law Journal

The increased use of hydraulic fracturing has led to concerns about possible environmental harm. Hydraulic fracturing, or fracking, is a resource extraction technique that aims to improve well productivity by pumping fracturing fluids containing a mixture of water, other chemicals, and sand, into an oil or gas well under high pressure. Public opposition to hydraulic fracturing has led to bans and proposed bans on the practice in many American cities and towns. The Town of Dryden, New York, enacted an amendment to its zoning ordinance prohibiting all oil and gas exploration and production within its boundaries. New York state law …

Will The Real Foreign Official Please Stand Up: Determining Who Is A Foreign Official After United States V. Esquenazi, 752 F.3d 912 (11th Cir. 2014), Nicholas C. Martin

Southern Illinois University Law Journal

The Foreign Corrupt Practices Act (FCPA), following extensive investigations by Congress into United States corporations and its passage in 1977, prohibits corporation or individual from giving “anything of value” to a “foreign official” for the purposes of “obtaining or retaining business.” “Foreign official” is defined as “any officer or employee of a foreign government or any department, agency, or instrumentality thereof”; however, “instrumentality” is not defined within the FCPA, and is the primary concern of this Note.

In United States v. Esquenazi, the Court of Appeal for the Eleventh Circuit, in a case of first impression, determined that an instrumentality …

Changing Residency For Illinois Tax Purposes, Ronald Z. Domsky

Southern Illinois University Law Journal

The State of Illinois assesses a tax on every individual who has the “privilege of earning or receiving income in or as a resident of this State.” Three categories of people are subject to the taxing statute: those who are live in another state but receive income from specified sources in Illinois, those who become or cease to be a resident during a taxable year, and those who are considered residents of Illinois. The term resident includes people who are in the state during a taxable year for a purpose that is not temporary or transitory and those who are …

First Generation College Students’ Self-Perceived Barriers, Laura Tominaj M.Ed., Jill Purdy Ed.D.

Journal of Access, Retention, and Inclusion in Higher Education

No abstract provided.

Lift Every Voice And Sing: A Case Study Examining The Early College High School Experiences Of First-Generation And Second-Generation African American Alumni, Xavier Q. Brown

Journal of Access, Retention, and Inclusion in Higher Education

No abstract provided.

Identification Of False Positives Within Social Media Integrity Enforcement

Defensive Publications Series

The subject disclosure provides computer-implemented methods comprising training, using a holdout dataset, a false positive prediction model to generate a false positive score, the false positive score comprising a probability that an enforcement score generated by an enforcement model is a false positive; generating, from user action data of a first user, using the enforcement model, a first enforcement score; generating, from the user action data of a first user and the trained false positive prediction model, a first false positive score; and suppressing, using the first enforcement score and the first false positive score, an enforcement action on the …

Polish Energy Sector’S Dependence On Lignite Mining: The Process Of Transition, Marek Widera, Wojciech Naworyta, Paweł Urbański

Journal of Sustainable Mining

This opinion study is devoted to the role of lignite in the Polish energy sector in recent decades, i.e., after the collapse of communism in 1989. Lignite is the primary source of electricity in Poland, second only to hard coal. More than 25–35% of Polish electricity was generated by lignite-fired power plants in 1990–2022. To meet the needs of the energy industry, 46–70 Mt of lignite was mined annually in that period. Hence, Poland was, and still is, one of the world leaders in lignite production. Despite the ongoing transition of the Polish energy sector, changes occur very slowly due …

Salem Timmonsville History, Salem United Methodist Church, Timmonsville

Methodist Local Church Records

No abstract provided.

“Being The Needle In The Haystack:” The Addition Of “Blending” And “Co-Cultural Networking” As Practices To Orbe’S (1998) Co-Cultural Theory, Ahmet Aksoy, Amy N. Heuman

Communication Studies Faculty Works

Using Co-Cultural Theory, we extend the concept of co-culture to the offspring of immigrants. The offspring immigrants are individuals with at least one foreign-born parent. Twenty-two offspring of Turkish immigrants born in the United States were interviewed about communication challenges from a co-cultural theoretical lens. Our analysis revealed that these participants utilize blending and co-cultural networking to process the intercultural tension they face within the US sociocultural landscape. These tensions inform us of how pronounced the US culture and power structure is and its ability to influence offspring immigrants' understanding of their cultural identity.

Evan Brown V. Vito Perugino

2024 Decisions

USDC for the Middle District of Pennsylvania

High Beta Brainwaves And Emotion Dysregulation In A Sample Of Children With Attention Deficit/Hyperactivity Disorder, Rebecca Carr

Theses and Graduate Projects

Attention-Deficit/Hyperactivity Disorder (ADHD) is a neurodevelopmental disorder characterized by persistent patterns of inattention, hyperactivity, and impulsivity. The current study investigated the relationship between high beta brain wave activity, anxiety, emotion dysregulation, and comorbid mental health diagnoses in children with ADHD. Utilizing archival data from the Clinic for Attention, Learning, and Memory (CALM) in Minneapolis, MN, the study included 184 participants aged 6-14 years who underwent quantitative electroencephalogram (qEEG) assessments. The study utilized linear and logistic regressions to test three hypotheses: whether high beta activity predicted (1) increased anxiety symptoms, (2) emotion dysregulation, and (3) the likelihood of comorbid mental health …

The Cell-Permeant Antioxidant D-Thiol Ester D-Cysteine Ethyl Ester Overcomes Physical Dependence To Morphine In Male Sprague Dawley Rats, Paulina M. Getsy, Gregory A. Coffee, James N. Bates, Theodore Parran, Lee Hoffer, Santhrosh M. Baby, Peter M. Macfarlane, Zackery T. Knauss, Derek S. Damron, Yee-Hsee Hsieh, Jason A. Bubier, Devin Mueller, Stephen J. Lewis

Faculty Research 2024

The ability of morphine to decrease cysteine transport into neurons by inhibition of excitatory amino acid transporter 3 (EAA3) may be a key molecular mechanism underlying the acquisition of physical and psychological dependence to morphine. This study examined whether co-administration of the cell- penetrant antioxidant D-thiol ester, D-cysteine ethyl ester (D-CYSee), with morphine, would diminish the development of physical dependence to morphine in male Sprague Dawley rats. Systemic administration of the opioid receptor antagonist, naloxone (NLX), elicited pronounced withdrawal signs (e.g., wet-dog shakes, jumps, rears, circling) in rats that received a subcutaneous depot of morphine (150 mg/kg, SC) for 36 …

Generative A.I.-Assisted Organic Chemistry Tutoring, Ji Kim

Open Educational Resources

By utilizing tools like ChatGPT, the project aims to provide detailed explanations, answer student questions, and assist with problem-solving, thereby creating a more interactive and personalized learning experience. This approach will help students grasp complex topics more effectively and improve their overall performance in chemistry.

August 26 Elections, Census & Redistricting Update, Jeffrey M. Wice

Elections, Census & Redistricting Updates

No abstract provided.

Shonda Brown-Stewart V. Hackensack University Medical Center

2024 Decisions

USDC for the District of New Jersey

Improvement Of Single-Crystal Structures Of Very Heavy Element Compounds By Refining Anomalous Dispersion Parameters, Florian Meurer, Gregory Morrison, Birgit Hischa, Hans Conrad Zur Loye, Christoph Hennig, Michael Bodensteiner

Faculty Publications

Refining the anomalous dispersion parameters of the four uranium compounds NaUF5, NaU2F9, Cs2(UO2)TiO4, and Cs2(UO2)Ti2O6 gave insights into the crystallographic model improvement of very heavy atoms. We found that the values for the dispersive and absorptive parts, f′ and f″, closely followed the X-ray absorption spectra on their L3, L2, and L1 edges. The obtained values are sensitive to the chemical environment at each crystallographically independent position. An incorrect treatment of the anomalous dispersion correction can lead to a wrong crystallographic model. The above-mentioned, already published structures were improved by this process. General guidelines were given for the crystal structure …

Heart Failure With Reduced Ejection Fraction Polypill Implementation Strategy In India: A Convergent Parallel Mixed Methods Study, Anubha Agarwal, Raji Devarajan, Salva Balbale, Aashima Chopra, Dorairaj Prabhakaran, Mark D Huffman, Lisa R Hirschhorn, Padinhare P Mohanan

2020-Current year OA Pubs

INTRODUCTION: A polypill-based implementation strategy has been proposed to increase rates of guideline-directed medical therapy (GDMT) in patients with heart failure with reduced ejection fraction. This has the potential to improve mortality and morbidity in India and undertreated populations globally.

METHODS: We conducted a convergent parallel mixed methods study integrating quantitative data from stakeholder surveys using modified implementation science outcome measures and qualitative data from key informant in-depth interviews. Our objective was to explore physician, nurse, pharmacist, and patient perspectives on a HFrEF polypill implementation strategy in India from January 2021 to April 2021. Quantitative and qualitative data were integrated …

Once More: Digital Services Taxes Should Be Creditable, Reuven S. Avi-Yonah

Articles

In a previous column, I argued that digital services taxes should be creditable as in-lieu-of taxes under section 903. A new analysis by Jane Gravelle sheds further light on this topic but does not change the outcome.

Gravelle makes three arguments against the creditability of DSTs. First, she argues that the whole concept underlying both pillar 1 and DSTs (allocating value to market jurisdictions) is wrong, and therefore they cannot be justified. Second, she argues that DSTs are passed on in full to consumers and that this precludes creditability. Finally, she argues that DSTs are discriminatory excise taxes on U.S. …

The Echo: August 26, 2024, Taylor University

2024-2025 (Volume 112)

No abstract provided.

The Echo: Aug 26, 2024, Taylor University

2023-2024 (Volume 111)

No abstract provided.

Sources And Transport Of Dissolved Organic Carbon In Barataria Basin, Louisiana, Mukseet Mahmood

LSU Master's Theses

The fate of soil organic carbon loss from eroding coastal wetlands is of great importance, given its potential impact on atmospheric CO2 concentration. A large fraction of this soil organic carbon upon coastal erosion is released as dissolved organic and inorganic carbon (DOC and DIC) to adjacent water bodies.

In this study, we investigate the seasonal distribution and transport of DOC and DIC in Barataria basin in Louisiana, USA, bordering northern Gulf of Mexico. This region is currently undergoing one of the highest land-loss in the USA. Seasonal measurements of DOC, DIC and colored dissolved organic matter (CDOM) were carried …

Application Of Participatory Process Mapping To Evaluate Environmental Decision-Making And Implementation, Karissa Courtney, Emily Rabung, Jennifer Brousseau, Antony S. Cheng, A. Paige Fischer, Harrison Fried, Matthew Hamilton, Federico Holm, Jordan Inskeep, Max Nielsen-Pincus, Multiple Additional Authors

Environmental Science and Management Faculty Publications and Presentations

Environmental governance outcomes hinge on the design and implementation of management decisions. Yet, available research methodologies can be limited in their ability to capture the complexity of decision-making and implementation processes and in turn predict and explain environmental governance outcomes. We present participatory process mapping as a method for examining the pathways that emerge and evolve over time that result in natural resource management decisions and on-the-ground outcomes, as perceived by participants in collaborative processes. The approach leverages a large-N comparative design, participatory diagraming within semi-structured interviews, and mental modeling toward a method that can fit into both quantitative and …