Digital Commons Network^™

Crimes Without Law: Administrative Crimes And The Nondelegation Doctrine, Nicolas Elliott-Smith

Journal of Criminal Law and Criminology

The future of the nondelegation doctrine is clouded with uncertainty. Despite the Supreme Court’s insistence that the nondelegation doctrine is an axiom of constitutional law, the doctrine remains an illusory constraint on Congress. Indeed, almost a century has passed since the Court invalidated a congressional delegation under the nondelegation doctrine. But several Justices appear eager—or at least willing—to revive the nondelegation doctrine.

This Comment charts an originalist path forward. It primarily argues that the original meaning of legislative power restrains Congress from delegating legislative authority to write criminal law. The constitutional enactors believed that core private rights—to life, liberty, and …

Towards A Federalism(S) Framework Of Punishment, Sheldon A. Evans

Journal of Criminal Law and Criminology

Federalism and its impact on criminal punishment is foundational to understanding the failures of mass incarceration. Scholars studying the negotiation of power between the federal and state governments have highlighted the increase of cooperative agreements that allow these levels of government to accomplish mutually beneficial outcomes for their overlapping constituencies. In the context of criminal punishment, however, such cooperation has devolved into a race to the bottom in a bipartisan push to punish. Consequently, the modern cooperative era of federalism has facilitated mass incarceration in many respects as a policy vehicle to accomplish a national tough-on-crime agenda.

This Article argues …

The Unknowns Of The Knowledge Requirement: Revisiting The Deliberate Indifference Standard In Prisoner Healthcare, Malina J. Simard-Halm

Journal of Criminal Law and Criminology

In the 1976 decision Estelle v. Gamble, the Supreme Court held that “deliberate indifference” to significant health needs of prisoners violated the Eighth Amendment. The standard’s knowledge requirement, however, ensured that prisoners were not guaranteed healthcare under the constitutional standard; rather, the constitutionality of healthcare in prisons would be tethered to the mental state of prison officials. This Article seeks to demonstrate that correctional standards of healthcare occupy an incoherent space in constitutional law. By analyzing the legal standard and the application of the knowledge requirement, this Article exposes the theoretical inconsistency and inadequacy of the deliberate indifference standard—and …

Probation Without A Home: How Probation Maintains Barriers To Successful Completion While Homeless, Olivia K. Babin

Journal of Criminal Law and Criminology

Following the Supreme Court’s decision in Grants Pass v. Johnson, national attention is being brought to discussions about the criminalization of homelessness and the experiences of homeless people in the criminal legal system. Community supervision (probation and parole) is an oft-forgotten portion of the criminal justice system, despite there being nearly triple the number of people on parole or probation than the number of people incarcerated in the United States. Probation specifically is seen as an alternative to incarceration. Some view it as a more humane punishment than incarceration; others believe probation is far too lenient and sentenced too often. …

Institutional Structures Of Penal Inequality, Alexandra Natapoff

Journal of Criminal Law and Criminology

The U.S. penal apparatus is a bundle of wildly divergent practices. Police in some cities use more force than others. Prosecutors in some jurisdictions file charges automatically while others screen carefully. Public defenders in some counties lack zeal while others provide high quality representation. Offices that share the same name and perform the same basic legal functions—“police,” “prosecutor,” “public defender,” “criminal court”—actually operate according to highly disparate legal, professional, and normative standards. These differences give rise to a stratified criminal process in which a minority of defendants and cases are handled lawfully with attention and care, while a much larger …

A Commitment To Health For All: Reimagining Representation And Participation In The Who Beyond State-Centrism, Yen-Wen Liao

Public Health Theses

Despite its stated commitment to “health for all,” the World Health Organization (WHO) has long been subject to the influence of Member State politics. Specifically, the Organization’s state-based membership model and governance structure have continuously enabled powerful Member States to advance their political interests, leading to the exclusion and marginalization of populations based on the recognition or political status of their representatives. One such example is Taiwan, which has been repeatedly denied membership in the Organization despite the functional independence of its public health authority, leaving over 23 million people neglected amid two major health crises. These forms of exclusion …

Defining The Genetic Basis Of Autosomal Dominant Polycystic Liver Disease With Whole Exome Sequencing, Xinmiao Meng

Public Health Theses

Polycystic liver and kidney diseases are inherited disorders marked by progressive cyst formation in hepatic and renal tissues, leading to significant morbidity through organ enlargement, impaired function, and eventual kidney failure or painful hepatic enlargement. While several genes—including PKD1, PKD2, GANAB, and PRKCSH—are implicated, a substantial proportion of cases remain genetically unexplained, limiting diagnostic precision and therapeutic development. This thesis aims to refine the genetic understanding of polycystic liver diseases through whole exome sequencing of 292 individuals with liver and/or kidney cysts. We first identify pathogenic variants in known disease genes in 133 individuals (46%), confirming the recurrent involvement of …

The Immunological Pathogenesis Of Persistent Lyme Disease And Babesiosis, Evan Navori

Public Health Theses

Post-Treatment Lyme Disease Syndrome (PTLDS) and persistent babesiosis are late-stage manifestations of two tick-borne diseases. Both are characterized by protracted symptoms despite the use of standard antimicrobial treatment. PTLDS is thought to be associated with immune dysregulation rather than active infection, while persistent and relapsing babesiosis is due to long-lasting infection caused by host immunodeficiency, pathogen antimicrobial resistance, and immune evasion. This thesis examines the immunological host deficits underlying both conditions, one too strong and the other too weak, and explores the mechanisms that contribute to prolonged disease states. Numerous studies suggest that Borrelia burgdorferi, the causative bacteria of Lyme …

An Analysis Of The Impact Of Genetic Diversity In Pfsec13 And Pfendo Genes On Pre-Clinical Drug Response To Med6-189 Analogs: A Novel Potent Class Of Antimalarial Compounds, Don-Pedro Ume

Public Health Theses

Malaria is a deadly disease responsible for 263 million cases and 597,000 deaths in 2023, with the majority being from the WHO African Region. While resistance to chloroquine and sulfadoxine-pyrimethamine (SP) emerged decades ago, there have been records of partial resistance to artemisinin-based combination therapies (ACTs) in African countries like Rwanda, Uganda, and Ethiopia. Given that ACTs are the main malaria drug of choice in Africa, there is a need to develop novel antimalarial agents that target pathways not explored by the current antimalarial therapies. Mutations in coding genes (PfSec13 and Pfendoplasmin or PfEndo) have been previously associated with resistance …

One Move, Many Wins: Green Social Housing As A Solution For Housing Insecurity And Residential Energy Inefficiency In New Haven, Ct, Arinze Colin Agu

Public Health Theses

This thesis explores the dual challenges of housing insecurity and residential energy inefficiency in New Haven, Connecticut, and advances green social housing as a transformative policy response. Through a qualitative research design that integrates semi-structured interviews, document analysis, and policy review, the study uncovers the structural conditions that drive unaffordable, unhealthy, and energy-inefficient housing for low- and moderate-income residents. The findings reveal that high utility costs, poor building infrastructure, and disempowering tenant–landlord dynamics are not isolated issues but manifestations of deeper systemic inequities in housing and energy governance. Green social housing emerges as a strategic intervention that aligns sustainable building …

Measuring Sexual Citizenship: Health, Rights, And Pleasure In The Wake Of National Level Policy Changes – Considering Namibia, Sophia Emelia Deluca

Public Health Theses

While public health evidence and rhetoric is frequently leveraged in scholarship and policy advocacy related to changes in law/policy targeting LGBTQ+ individuals, the existing public health body of evidence surrounding punitive and progressive policy shifts does not fully account for the interconnectedness of the law’s impacts on health, rights, pleasure, and belonging. To address this and pave the way for more representative research, the triangle of sexual citizenship framework links pleasure, rights, health, and sexual citizenship as key, connected components of research in this field. To account for hesitancy and confusion on how to integrate components of the triangle of …

A Systems Organizational Model Of Professional Role Development For New Apps: Building A Train The Trainer Program, Abigail H.B. Baugh

Yale School of Nursing Digital Theses

Most Advanced Practice Provider (APP) turnover occurs within the first year of practice. It is often linked to feelings of inadequacy caused by limited professional instruction and immediate expectations of full practice integration. These challenges are compounded further in systems with inconsistent onboarding processes and underprepared trainers, further exacerbating turnover rates. At East Carolina University (ECU) Health System, turnover rates for Physician Assistants and Nurse Practitioners reached 20% and 12%, respectively, surpassing national averages (ECU Health, 2024), highlighting the urgent need for a structured onboarding approach.A system-based Train-the-Trainer (TTT) program was developed to address these issues, focusing on essential areas …

Transgender And Gender Diverse People – Inclusive Healthcare System Access, Dakota Denielle Lawtum

Yale School of Nursing Digital Theses

Transgender and Gender Diverse People – Inclusive Healthcare System AccessPurpose: This DNP project implemented a dual strategy to increase system-wide access to care and awareness of the needs of transgender and gender diverse people. Background: The 2015 U.S. Transgender Survey is the most recent and largest survey of its kind in the United States comprising a total of 27,715 responses. (National Center for Transgender Equality, 2015, U.S. Transgender Survey). The results of this survey are as follows: 1) 26% of the total national respondents experienced insurance issues for gender affirming healthcare or being denied coverage for routine care; 2) 32% …

Increasing Professional Interpreter Use To Improve Patient Outcomes On The Inpatient Oncology Unit, Kimberly Medina

Yale School of Nursing Digital Theses

Language barriers in healthcare contribute to significant disparities including delays in diagnosis and treatment, patient confusion, and increased mortality (Kwan et al., 2023). Approximately 21.5% of the people in the United States speak a language other than English at home and 8.2% of that population subset report speaking English less than very well (U.S. Census Bureau, 2021). Furthermore, in 2023 8% of Medicare beneficiaries have limited English proficiency (LEP) speaking and 7% have LEP reading (Centers for Medicare &Medicaid, 2024). Ensuring meaningful language access to LEP patients is essential for improving clinical outcomes and maintaining compliance to federal anti-discrimination policies. …

Panel: Program For Advancing Nursing Excellence For Leaders, Christopher D. Tarquinio

Yale School of Nursing Digital Theses

Healthcare organizations strive for nursing excellence, evident through prestigious awards like Magnet® Recognition and the Beacon Award of Excellence®. Nurse leaders play a crucial role in fostering a culture of excellence, but many face challenges due to confidence levels. PANEL educates nurse leaders on the connections between nurse satisfaction, patient satisfaction, and nurse quality measures (NQMs). By applying PANEL principles and transformational leadership, healthcare systems can positively impact nurse satisfaction, patient satisfaction, and NQMs. The aims of this project were: to develop a nursing excellence program for nurse leaders within a community-based healthcare system with the goal of connecting the …

The Ai Act Manipulation Gap, Claire Boine

Emory International Law Review

The European Union’s Artificial Intelligence Act (AI Act) represents a significant step in regulating AI technologies, but this paper argues that its provisions on manipulation are critically under-inclusive. Through a comprehensive analysis of AI-enabled manipulation and the current EU legal framework, this paper offers an account of how the AI Act’s narrow focus on subliminal techniques and purposeful manipulation fails to address the full spectrum of AI-driven manipulative practices.

The paper develops its argument in four parts. First, it provides an overview of AI-enabled manipulation, highlighting its unique characteristics and the structural changes it introduces to democratic processes. Second, it …

Islamic Finance, Commercial Law, And Economic Justice: Apocalyptic Challenges To The Global Order, Ali Rod Khadem

Emory International Law Review

This Article engages with the heated debates about the Islamic finance industry, which range from praise as an ethical model of ESG principles to sharp criticism as a vehicle for financing terrorism. Offering a novel lens, this Article examines several case studies of Islamic thinkers and movements that have disrupted global politics, exploring how they deploy apocalyptic ideology to promote vastly different visions of future economic orders. Some of these case studies reinterpret key concepts from Islamic commercial law—like unjust enrichment, limited liability partnerships, insurance, almsgiving, and inheritance—while others call for a return to abandoned practices, such as slavery, discriminatory …

Accommodating Disabilities During Arrests: Toward A Model Law To Improve Police Response To Mental Health Crisis, Michael Harel

Emory International Law Review

Policing people with mental illness (PWMI) presents a persistent global challenge. Although PWMI do not have a greater propensity for violence, they are disproportionately killed during police encounters. Using Australia as a case study, this Comment argues that use-of-force laws are inadequate in these situations because they defer excessively to officer discretion—failing to account for how officers often escalate encounters with PWMI by neglecting appropriate crisis-response tactics or by misperceiving PWMI behavior as violent, even when that behavior reflects mental health symptoms rather than actual threats. Current legal standards often excuse such perceptions, but properly trained officers should be expected …

Falling Birthrate And Rising C-Section: Post-Pandemic Evidence From New York, M. Rabbani, Z. Akbari

Department of Economics Faculty Scholarship and Creative Works

Background: The literature documents the effects of the pandemic on birthrate, birthweight, and pregnancy complications. However, the evidence is mixed on the persistence of these effects post-pandemic. Objective: This study examined whether birthrate has decline with the onset of the pandemic, if the effects subsided post-pandemic, and whether there are discrepancies by race and ethnicity, or between vaginal delivery and C-section. Methods: Using the 2012–2022 hospital inpatient discharge data of New York, we implemented fixed-effects regression models to estimate changes in birthrate and delivery method composition. The study was conducted at the Zip-Code level, and eliminated the effect of time-invariant …

Health Measures And Willingness To Pay For Internet Services, Maysam Rabbani, Cari A. Bogulski, Corey J. Hayes

Department of Economics Faculty Scholarship and Creative Works

Introduction: With the rapid adoption of telehealth services, health measures are increasingly tied to internet access. However, there is limited literature on how internet connectivity correlates to health measures and health care utilization. We examined the links between willingness to pay (WTP) for internet services and health measures, namely, health insurance type, general health, physical health, mental health, health literacy, and cost/transportation barriers to health care access. Methods: We designed a custom survey and collected 5, 200 responses in four U.S. states. We implemented a stratified conjoint analysis to estimate the WTP for internet speed and quality and its connections …

Crimes Of The Past, Present, And Future: Considering The Global Problem Of Microplastic Pollution And The Potential For Success Within The Public Trust Doctrine, Rose Heppner

Emory International Law Review

Microplastic pollution is a global and transboundary issue—one that international states have failed to properly address through regulatory bodies, multilateral treaties, and nonbinding conventions. Despite efforts by the international community to reduce plastic pollution, the problem has been exacerbated exponentially year over year by an ever-expanding plastic industry. The U.N. Intergovernmental Negotiating Committee on Plastic Pollution is currently leading discussions for the most promising solution: a binding treaty targeting the full lifecycle of plastic. Unfortunately, pro-plastic industry groups and lobbyists have been granted a seat at the table, and negotiations have yet to produce a final treaty draft.

Although legislation …

How Ai Reinforces Caste: Creating And Amplifying Systematic Inequality, Catherine Powell

Faculty Scholarship

In arguing that artificial intelligence (“AI”) creates, reinscribes, and amplifies caste, this Article asserts that algorithmic discrimination is not just a bug, it is an essential feature of the system that powers the digital economy. Because this economy traffics in our information and is monetized through targeted advertising, it depends on knowing our race, gender, and other protected characteristics (i.e., our caste). Given that the digital economy is inherently an information economy, it is driven by population-wide demographics and predictions, which algorithms can process and commodify at scale. As such, digital surveillance can lead not only to individual harm, but …

The Performance Of Neurologically Intact Sequential Shona-English Bilingual Speakers On The Bilingual Aphasia Test, Mcloddy R. Kadyamusuma, Antony R. Joseph

Faculty Publications – Communication Sciences and Disorders

Background
Currently, no standardized culturally and linguistically appropriate assessment tools may be used to provide speech and language assessment for Shona-English bilingual speakers.

Aims
This study examined the performance of Shona-English sequential bilingual speakers on the full versions of the Shona and English Bilingual Aphasia Test (BAT).

Methods and Procedures
The adapted BAT-Sh and BAT-E were administered to 20 neurologically intact sequential bilingual individuals 30 to 40 years of age. Each participant was administered 32 tasks to facilitate a complete assessment of language skills at all levels of processing and for all modalities.

Results
The Shona-English sequential bilingual speakers performed …

Spirituality, Social Work Practice, And Sustainable Development, Chathapuram Ramanathan, Srilatha Juvva, Nathan Stephens, Anna M. Scheyett, Subhabrata Dutta

Faculty Publications - Social Work

Based on human experience and history we know faith and culture are distinct and different. Cultural expression is a fundamental aspect of one’s identity and a human right that must be protected. Culture is a universal phenomenon, that is shaped primarily by one’s socialization. All people have a culture and may belong to a particular faith/spiritual tradition. They may also relate to others who belong to a cultural group or identify with a particular faith/spiritual tradition. To live peacefully we must strive to understand each other’s cultural, faith-based, spiritual realities as well as methods of conflict resolution and survival stories. …

Oriented Surface Immobilization Of Antibodies Using Enzyme-Mediated Site-Specific Biotinylation For Enhanced Antigen-Binding Capacity, Emily Beitello, Kwame Osei, Trent Kobulnicky, Faith Breausche, Jon A. Friesen, Jeremy D. Driskell

Faculty Publications – Chemistry

The effectiveness of surface-immobilized antibodies is often diminished by improper antibody orientation and limited stability, impeding the analytical performance of biosensors. Here, we report a novel enzyme-mediated strategy to biotinylate the Fc region of an anti-horseradish peroxidase (anti-HRP) antibody with site-specificity that enables oriented immobilization on a streptavidin-functionalized surface. Microbial transglutaminase (mTG) catalyzes the covalent coupling between the amine functional group on a biotin analogue (NH₂-PEG₄-biotin) and the side chain of a privileged glutamine residue (Q295) located on the heavy chain Fc region of IgG antibodies. For comparison, an anti-HRP antibody was biotinylated using an amine-reactive …

Nine Lives Of A Hero: Chinsetsu Yumiharizuki And The Idolization Of Minamoto No Tametomo, Roger Thomas

Faculty Publications – Languages, Literatures, and Cultures

This study examines Takizawa Bakin's (1767-1848) novel Chinsetsu Yumiharizuki in terms of its importance, both among his prodigious works and among Japanese early modern historical romances. It analyzes his use of sources and discusses the role this novel played in popular perceptions of Ryukyu among Edo-period Japanese, as well as in the persistent belief in the historicity of legends that Minamoto no Tametomo (1139-1170) actually visited that southern island kingdom.

Material, Health, And Social Vulnerability And Loneliness Among Older Adults: From The Welfare Regime Perspective, Ji Young Kang, Oejin Shin, Sojung Park, Jihye Baek, Minyoung Kwak

Faculty Publications - Social Work

Loneliness in later life is a significant global public health issue that negatively impacts well-being, life satisfaction, and mental health. This study investigates how material, health, and social vulnerabilities contribute to loneliness among older adults using a welfare regime framework. It examines the link between vulnerability and loneliness in the United States, Korea, Sweden, Spain, and Germany using the Health and Retirement Study (HRS) alongside its international sister studies, encompassing both Western and East Asian welfare states. Findings indicate that older adults in less generous welfare regimes experience higher levels of loneliness and material vulnerability. A multidimensional approach reveals that …

Hidden In Plain Sight: Plyler V. Doe Under Siege, Dana Kit

Student Works

No abstract provided.

The Advertising Pipeline: Priming Today’S Youth To Be Tomorrow’S Heavy Rollers, Alison Opdyke

Student Works

No abstract provided.

University Libraries Impact Report 2025, Leslie Haynsworth, Kristine Hontz, Abigail Cole

University Libraries Policies and Reports

A report on notable activities in University of South Carolina Libraries in 2025.