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West Virginia V. Epa: Considerations For The Future Of Epa Greenhouse Gas Regulation, Shavonnie R. Carthens

Law Faculty Scholarly Articles

When compared to historical levels, the air quality in the United States has improved. However, exposure to air pollution still rises to the top of environmental health risks experienced by Americans. It is estimated that one hundred thousand to two hundred thousand deaths annually are associated with this exposure, which exceeds the deaths from murders and car crashes combined. Further, evidence establishes that “rising concentrations of carbon dioxide, methane, and other greenhouse gases pose serious threats to public health.” Looking to the sources of greenhouse gas emissions, fossil fuel-fired power plants are the largest source of greenhouse gas emissions in …

Common Questions And Misconceptions About Energy Drinks: What Does The Scientific Evidence Really Show?, Jose Antonio, Brandi Antonio, Shawn M. Arent Ph.D., Cscs*D, Fissn, Facsm, Fnak, Darren G. Candow, Guillermo Escalante, Cassandra Evans, Scott Forbes, David Fukuda, Maureen Gibbons, Patrick Harty, Andrew R. Jagim, Douglas S. Kalman, Chad M. Kerksick, Jennifer A. Kurtz, Joseph Lillis, Lonnie Lowery, Gianna F. Mastrofini, Scotty Mills, Michael Nelson, Flavia Pereira, Justin Roberts, Michael Sagner, Jeffrey Stout, Jaime Tartar, Adam Wells

Faculty Publications

Energy drinks are a commonly consumed beverage, and studies suggest a possible performance-enhancing effect. A Google Scholar search using the keywords “energy drinks” and “exercise” yields numerous results, underscoring the voluminous research on this topic. However, there are questions regarding the effectiveness and safety of energy drinks. These questions include, but are not limited to: (1) What are the main active ingredients in energy drinks? (2) Do energy drinks assist in weight management? (3) Do energy drinks enhance aerobic performance? (4) Do energy drinks enhance athletic speed? (5) Do energy drinks improve reaction time? (6) Do energy drinks enhance lean …

Open Access And Citation Impact: Modality, Funding, Publisher, And Disciplinary Trends At The University Of Kentucky, Ben Rawlins, Mitchell Scott

Library Faculty and Staff Publications

As publishers and libraries attempt to align business models and collection strategies to an ever-increasing open access (OA) publishing landscape, both have found that the message of open access citation advantage (OACA) resonates with current and prospective authors. Despite its widespread promotion and acceptance, however, OACA is not universal and is subject to ongoing debate. This quantitative study contributes to the OACA debate and research with a longitudinal focus on citation data from journal articles published 2018-2021 by University of Kentucky affiliated authors. The article and citation data for University of Kentucky affiliated authors are supplemented with University of Kentucky …

West Virginia V. Epa: Consideration For The Future Of Epa Greenhouse Gas Regulation, Shavonnie R. Carthens

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

In this article, Shavonnie Carthens examines the implications of West Virginia v. EPA, emphasizing how the Supreme Court’s use of the major questions doctrine creates uncertainty around the Environmental Protection Agency’s (“EPA”) authority to regulate greenhouse gas emissions. It argues that, in light of the doctrine’s growing influence and the end of Chevron deference, Congress should revise the Clean Air Act to explicitly authorize the EPA to regulate greenhouse emissions through system-based transitions to cleaner power-generating sources, public health-conscious considerations, and multi-agency regulatory approaches to ensure durable and effective climate policy.

Quieting The Cacophony: How To Reduce Greenwashing And Environmental Damage From The Food Industry, Alex Woodward

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

In this article, Alex G. Woodward addresses the problem of greenwashing and environmental harm caused by industrial agriculture and misleading food labeling. Woodward explains that while agriculture is essential to feeding a growing global population, its large-scale, profit-driven practices cause significant environmental damage. Woodward argues for a strategy that compels transparency through warning labels and expanding credible certification frameworks. Woodward proposes that the USDA implement a tiered labeling system under its Organic Program and require factual, noncontroversial disclosures about environmental harms on food packaging, with the goal of informing consumers, restoring trust, and incentivizing environmentally responsible agricultural practices.

The Impact Of Veterinary Stewardship Program Implementations On Backyard Chicken Farming In Rural Georgia, Lauren Ashley Herrin

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

In this article, Lauren Ashley Herrin examines the impacts of new FDA veterinary stewardship regulations on backyard chicken farming in rural Georgia. She explains that requiring prescriptions for previously over-the-counter antibiotics disproportionately harms low-income and rural communities by limiting access to affordable veterinary care, worsening risks of disease spread and public health threats. Herrin argues for policy approaches that balance antimicrobial resistance concerns with the realities of rural accessibility. She proposes solutions such as telehealth veterinary consultations, scholarship programs to encourage rural veterinary practice, and expanding prescriptive authority for veterinary technicians to ensure sustainable animal health care in underserved areas

When Breathing Becomes Wheezing: Why Kentucky Should Require Schools To Conduct Radon Testing, Abbey Norvell

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

In this note, Abbey Norvell analyzes the dangers of radon exposure in Kentucky schools, highlighting the state’s nation-leading lung cancer rates and the heightened risks for children. She explains that Kentucky has no law requiring schools to test for or mitigate radon levels, leaving students vulnerable. Norvell argues for mandatory radon testing and remediation in Kentucky schools. She proposes legislation modeled on other states requiring testing in both public and private schools within five years, and remediation within two years if levels exceed EPA standards.

Pesticide Lies! A Call For Epa Action As Recent Judicial Decisions Reveal The Harmful Truth Resulting From Exposure, Stevi Whitman

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

In this note, Stevi Whitman analyzes the dangers of weak pesticide regulation in the United States. Whitman explains that the EPA’s reliance on the vague “unreasonable adverse effects” standard under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) allows harmful products like Roundup to remain on the market despite strong evidence of health risks. Whitman argues for strengthening U.S. pesticide laws to match the European Union’s stricter safety threshold. She proposes amending FIFRA to require proactive bans on hazardous pesticides and greater accountability from manufacturers to better protect public health and the environment.

Unreadable, Unfindable, And Incomplete: Evaluating Prea Information In State Correctional Handbooks, Jessie L. Krienert, Jeffrey A. Walsh, Caitlyn Donnelly

Faculty Publications - Criminal Justice Sciences

The Prison Rape Elimination Act (PREA) was enacted in 2003 to prevent sexual abuse in correctional settings through a zero-tolerance framework. While all states formally acknowledge PREA, the accessibility, clarity, and completeness of the information provided to incarcerated individuals remain uncertain. This mixed-methods study evaluates PREA-related content in 62 state correctional handbooks from 49 states, assessing three core dimensions: readability, findability, and substantive content. Grounded in compliance theory and institutional betrayal, the analysis focuses on how correctional institutions communicate PREA protections, prevention strategies, and reporting procedures. Results reveal that most PREA content exceeds the literacy levels of the intended audience, …

Menstrual Hygiene Screening Needs Assessment In South Dakota, Mariah M. Shafer, Denyelle Kenyon

Scholarship Pathways Program

Introduction: Menstrual hygiene management (MHM) is essential to women’s reproductive health; literature demonstrates there are mental, social, and economic consequences to inadequate MHM in rural and developing countries. Emerging studies show that US women who are impoverished, experiencing homelessness, or incarcerated also face poor MHM. To understand the implications of poor MHM in South Dakota, a largely rural state, a thorough gynecologic health history is essential; this needs assessment explores the scope of MHM questions asked by SD providers.

Methods: This study used survey methodology to determine the quality and depth of gynecologic health histories commonly taken regarding hygiene. The …

Campus Climate Perceptions And Developmental Needs Of Non-Monogamous Students In Postsecondary Education, Dayna B. Lewis-Jones

Master's Theses and Doctoral Dissertations

they identify as necessary. Ten college students who self-identified as non-monogamous participated in semi-structured interviews. Findings show that most were unaware of any campus resources specific to their identities and often felt invisible within student affairs structures. Students described balancing self-acceptance with stigma and highlighted needs such as knowledgeable staff, peer connection, and inclusive spaces. Overall, the study indicates that acceptance strongly influences both climate perception and developmental outcomes. These results point to a gap in higher education practice and emphasize the importance of policies, training, and resources that acknowledge and support non-monogamous students. Keywords: non-monogamy, polyamory, relationships, sexuality, student …

Rethinking The Image Of Women In Hototogisu, Duantem Krisdathanont

Manusya, Journal of Humanities

In Hototogisu, Tokutomi Roka (1868–1927) utilizes the motif of tuberculosis to explore and illustrate the familial, societal, and national dynamics of the Meiji period, as well as to critique the subordinate role of women within the family structure. This study aims to analyze how women are represented within the narrative and how tuberculosis functions as a literary device to underscore their perceived inferiority. By applying a historical perspective, the research demonstrates that tuberculosis symbolizes both the physical and social vulnerability imposed upon women. This symbolic representation prompts the female protagonist to question traditional Japanese values and adopt Western ideals, …

Influences Of Coloniality On A Non-Colonized Country : The Historical Trajectory Of Thai Higher Education, Penpisoot Maitrarat

Manusya, Journal of Humanities

This article examines Thai higher education through the lens of the long-established myth of Thailand as a non-colonized country that seeks to sustain the country’s cultural legacy and assure its global visibility. A combined analysis of historical factors and the concepts of discourse and social practice are employed to explain the social phenomena that have affected Thai higher education. How coloniality shaped Thailand, which is widely considered a non-colonized country, and the hidden influences from Western countries from the colonial to the post-wwii period are discussed. This article aims to enhance understanding of the realities of constructing higher education within …

Ai, Post-Truth Realities, And Thai Students’ Information-Seeking Behavior, Pavel Slutskiy

Manusya, Journal of Humanities

This paper investigates how ai challenges traditional verification, citation, and evaluation principles, thereby eroding truth. ai-generated content, lacking verifiable citations, operates on probabilistic models that present information as probable rather than factual. The widespread reliance on ai for information-seeking risks diminishing critical evaluation, blending fact with fiction, and compromising academic integrity. To explore these effects, a mixed-method study was conducted involving 240 Chulalongkorn University students who used various online resources like Google, Wikipedia, and ChatGPT to research Rudolf Carnap’s verificationism views. Their choices were analyzed to assess dependency patterns on these platforms. Further, a qualitative analysis compared ai-generated responses with …

The Relationship Between Adverse Childhood Experiences, Parenting Behavior, And Parenting Self-Efficacy In African American Families With Low-Income, Maleek Holmes

Master's Theses and Doctoral Dissertations

Early trauma is linked to adverse adult outcomes, including parenting deficits. While prior research has emphasized specific trauma types and severe parenting deficits, less is known about how cumulative trauma shapes normative parenting behaviors. Parenting self-efficacy (PSE) has been proposed as a potential mechanism linking early adversity to later parenting practices, though under-researched. This study examined the relationships between adverse childhood experiences (ACEs), PSE, and positive parenting behaviors in a sample of 56 caregivers of preschool-aged children enrolled in Head Start. PSE was significantly associated with greater use of limit-setting, positive behavior support, and proactive parenting strategies, reinforcing its role …

Sexual Politics On Youtube : Shifting Values In Femininities And Women’S Empowerment, Porranee Singpliam

Manusya, Journal of Humanities

This research examines sexual politics in the new media platform YouTube. The gendered notions studied depart from existing scholarly works as they emphasize the process of change in Thai gender order. A mixed research method combining qualitative and quantitative approaches was employed. The findings from studying five women YouTubers show two significant themes: 1) The politics of the sexes in which society’s admiration of material possessions, individualism, and wealth is evident, and 2) A change in sex/gender relations wherein production, consumption, and accumulation relations shift together with power relations. Ultimately, this research contends that women YouTubers should be read as …

Beyond Sino-Thai Identity : A Study Of Tang Chang’S Life And Art, Nawapooh Sae-Tang, Simon Soon

Manusya, Journal of Humanities

This article delves into the key elements of Sino-Thai artist, Tang Chang’s life and identity, exploring their influence on his societal standing and artistic approach. Also known as Chang Sae-tang, he gained recognition for his unique position outside the mainstream. Focusing on his ethnicity, beliefs, status, and career, this study highlights how his Sino-Thai heritage shaped his artistic vision. It underscores Chang’s deep acknowledgement of his Sino-Thai heritage, noting how his Chinese identity permeates his thoughts and manifests in his works. This distinction, alongside other socio-cultural factors, arguably sets Chang apart from Silpakorn graduate artists, who were considered part of …

Memory And Posthuman Subjectivity In Kazuo Ishiguro’S Never Let Me Go, Natawan Wongchalard

Manusya, Journal of Humanities

This article explores the significance of posthuman subjectivity and memory in Kazuo Ishiguro’s Never Let Me Go (2005). The narrative details the life of clones bred for medical donation, who are facing premature demise. Kathy H., the protagonist and narrator, has been criticized for her seeming passivity and submission to oppression. However, this inquiry contends that her narrative – propelled by her act of remembrance – is a mechanism formulated to reclaim the agency of the non-human other or posthuman subject. The study employs Deleuze and Guattari’s concepts of ‘desire’ and ‘becoming’ to examine the clones’ desires, which are constrained …

Empowering Women : Indonesian Muslim Girl Fans, Thailand’S Y-Series, And Gender Equality, Ranny Rastati, Md Azalanshah Md Syed

Manusya, Journal of Humanities

This article explores how Indonesian Muslim girl fans experience sexual empowerment through watching Thai dramas portraying homoerotic romances, known as Thai Y-series and Thai Boy’s Love. Despite concerns from local Islamic authorities about moral issues and cultural differences, Y-series have gained popularity among Indonesian Muslim girls. This study raises concerns about the diminishing portrayal of women’s gender roles, given that Muslim girls form the majority of the Y-series fanbase in Indonesia. The patriarchal influence in Y-series appears to be gradually replacing traditional women’s roles with male characters, relegating women to supporting roles. This study argues that the repositioning of gender …

Work And Human Vocation In Catholic Social Teaching, Stefan M. Mcdaniel

Saint Louis University Law Journal

This essay explores Catholic social teaching on work, focusing on how labor should enable humans to fulfill their vocation through experiences of dominion and communion. Drawing from papal encyclicals and theological anthropology, it examines how work becomes a means for humans to exercise their God-like faculties by intelligently shaping creation (dominion) and building rich relationships (communion). The essay argues that Catholic teaching offers distinctive contributions to contemporary workplace justice movements through its emphasis on two priorities: promoting worker-ownership and supporting family life. Worker-ownership, especially through cooperatives, enables labor to become an exercise of dominion, while family-centered policies make work a …

What Rerum Novarum Did And Did Not Do For The American Labor Movement, 1891-1935, Janine Giordano Drake

Saint Louis University Law Journal

The papal encyclical Rerum Novarum (1891), a statement which defended workers’ human rights, has been celebrated by both leftwing and rightwing Christians as a central document in the history of the Church. To trade union leaders of the late nineteenth and twentieth centuries, it was a powerful tool for reminding workers that the Holy Father supported fair wages and healthy working conditions for all God’s people. Just the same, for business leaders of the several Red Scares (especially 1917-1920 and 1945-1955), it became a powerful tool in discrediting socialist demands as both “materialistic” and “atheistic.” This piece illustrates that while …

Cultivating Thoughtful Dialogue, Shared Humanity, And Emotional Intelligence In Client Counseling Courses, Jacki J. Langum

Saint Louis University Law Journal

Historically, client counseling courses in law schools across the country omitted concepts fundamental to a successful attorney-client relationship–thoughtful dialogue, shared humanity, and emotional intelligence. Psychology and the practice of law, including the omitted concepts, are now being integrated into more courses each semester. The essay demonstrates how I integrate them into my own course and work alongside students to help them practice those concepts and the most important skill of active listening. The students’ practice requires thoughtful work around self-awareness, bias, power, and money–topics often neglected because of the discomfort involved in their contemplation and reflection. The earlier students are …

Teaching Client Counseling In The Shadow Of Homelessness, Gregory M. Zlotnick

Saint Louis University Law Journal

Working with clients at risk of, or experiencing, homelessness teaches personal and professional humility like few other experiences in law school or the practice of law. Yet such sensitive work also provides an opportunity for law students to develop both a keener understanding of their own professional identity—with its capacities and limitations—and critical counseling skills.

This essay draws upon experiences gained in three distinct law school projects that work with clients at risk of, or experiencing, homelessness. After providing a brief overview of each project, the essay will explore methods used for training and supervising students during their counseling sessions, …

The Wages Of Constitutional Interpretation, Francesca Procaccini

Saint Louis University Law Journal

The future of constitutional interpretation is a dynamic amalgam of knowns and unknowns. This article explores three. First, an unknown known: the Court’s embrace of formal equality methodologies, more than originalist methodologies, is driving current conservative changes in constitutional law and ushering in a stale and acontextual bent to constitutional rights. Second, another unknown known: both the Court’s equality and originalist methodologies serve to jettison the longstanding and widespread use of intermediate scrutiny and thereby push the level of protection for rights to the extremes. Finally, a known unknown: the Court’s embrace of hyper-formal equality and originalist rules transfers hegemonic …

Originalism And The Chronological Separation Of Powers, Daniel Kiel

Saint Louis University Law Journal

Inspired by the 2024 Childress Lecture, this essay considers originalism in two distinct guises: first, as a method of constitutional interpretation and then, as a politically-coded signal used to ensure predictability of judicial behavior. Regarding interpretation, the essay critiques originalism and its claim as a determinative source of constitutional understanding as a violation of the oft-overlooked chronological separation of powers embedded in the Constitution. Though originalism is often styled as a way of checking the power of judges, it threatens to impose a tyranny of the past that runs counter to a constitutional structure built upon the diffusion of power. …

“They Told Us We Were Safe”: An Analysis Of The Constitutionality Of Missouri’S Ban On Gender-Affirming Healthcare For Medicaid Recipients, Tory Davidson

Saint Louis University Law Journal

The current state of gender-affirming care in the United States hangs in a precarious balance. Though the medical community seems to agree that such care is critical in at least some cases, citizens’ perceptions of that necessity are far from unified. As of this publication, at least one case involving a state-sponsored ban on gender-affirming care for minors, United States v. Skrmetti, is pending before the United States Supreme Court. The arguments in that case have centered on whether denying hormonal treatments inconsistent with a child’s assigned sex, when the same treatments may be prescribed when consistent with a …

Beyond Hysteria: Prosecuting Women For Abortion Is More Likely Now Than Before Roe, Alison Mccarthy

Saint Louis University Law Journal

When Dobbs v. Jackson Women’s Health first overturned long-standing precedent protecting a woman's fundamental right to abortion, pro-choice leaders issued warnings about the possibility of prosecuting women for abortions. These concerns were dismissed as hysterical or as political theatrics because, in the past, women were rarely prosecuted for their own abortions. This note analyzes the history of illegal abortion before the Supreme Court’s ruling in Roe v. Wade to demonstrate that women were targeted, used as leverage against abortion providers, and sometimes arrested for their roles in the procedure. Further, this note argues that nationwide panic over gender roles, increasing …

Prosecuting Transnational Disinformation, Abdul Mahir Hazim

Saint Louis University Law Journal

Disinformation, along with related terms such as fake news and misinformation, has dominated U.S. media and public discourse over the past decade. It has emerged as a persistent and growing global threat to democratic societies, particularly the United States. Since the 2016 elections, authoritarian regimes and U.S. adversaries, including China, Russia, and Iran, have increasingly leveraged disinformation as a strategic tool to damage public trust in institutions, undermine political processes such as elections, and weaken public confidence in the healthcare system. These efforts are also designed to sow division and erode democratic governance. The breakthroughs in generative artificial intelligence further …

Sns 2025 Bill, State Of New York

Conference/Symposium CLE materials

134

2025-2026 Regular Sessions

N SENATE

The Techcons, Chris Jay Hoofnagle

Loyola Consumer Law Review

Selling sometimes involves trickery. How should we decide what trickery is "swindling" versus ordinary "selling"? One method is elucidated in Yale Law Professor Arthur Leff's curious, lost-to-history book. In "Swindling and Selling: The Story of Legal and Illegal Congames", Leff showed how market structure is a powerful factor for distinguishing illegal confidence games ("congames") what he called "swindling" from legal "selling." Leff demonstrated how con artists weave narratives to convince marks they have a monopoly over some desirable asset. Con artists then manipulate marks to mistakenly believe they possess a monopsony over its capture.

This essay revisits Leff's mostly forgotten …