Digital Commons Network^™

Stream Response To A Dam Removal: Mill Creek, Davenport, Ca, Jessica J. Williamson

Master's Theses

Dams have many effects on stream morphology and ecology, including a loss of sediment supply downstream, reduced access to the entire stream for aquatic fauna, and a flooded area upstream of the dam. Dams are a hurdle for migrating organisms such as anadromous fish, which is a group of concern. An over 100-year-old dam on Mill Creek, a stream draining a coastal watershed in central California, was removed in the fall of 2021. The site is in the Santa Cruz Mountains, where endangered salmonids such as steelhead, Oncorhynchus mykiss, have historically lived. To study the change in the stream from …

Standalone Municipal Liability, Avery Figo Comar

Michigan Law Review

Under Monell v. Department of Social Services, municipalities may not be held liable for constitutional violations attributable to an errant employee’s actions. Instead, Monell dictates that municipal liability is appropriate only when the municipality itself is “the moving force” behind the constitutional violation. The Fourth and Fifth Circuits, based on a flawed reading of the Supreme Court case City of Los Angeles v. Heller, adopt an inapposite approach to the relationship between municipal and individual liability. Although every other circuit allows municipal claims to proceed absent any individual claim arising from the same underlying facts, the Fourth and …

Factors Influencing The Discovery And Use Of Carrion By Vertebrate Scavengers From Human-Induced Mass-Mortality Events, Samantha J. Leivers, Michael J. Bodenchuk, Tyler A. Campbell, John M. Tomeček

Human–Wildlife Interactions

Scavengers play critical roles in ecosystem health and stability, and both biotic and abiotic factors can influence scavenger guild dynamics. Carrion is often limited both temporally and spatially on the landscape, but mass mortality events (MMEs)—in which there is an influx of carrion biomass on the landscape—may result in different scavenger community dynamics compared to when carrion is scarcely distributed. In this study, we investigated factors affecting the discovery and use of carrion by a natural, unharrassed scavenger guild during wild pig (Sus scrofa) MMEs conducted at East Foundation’s San Antonio Viejo Ranch in South Texas, USA. We …

Digital Transformation: The Need For A Sustainable Green Culture In African Higher Education Institutions, Cheryl Akinyi Genga, Sunday Samson Babalola

Journal of Educational Technology Development and Exchange (JETDE)

Digital transformation (DT) continuously affects individuals and organisations. African Higher Education Institutions (AHEIs) must prioritise robust IT infrastructure to enhance research, modernise teaching, and improve learning experiences in the digital era. Despite policies and programs promoting digital education, AHEIs face challenges in fully implementing DT because of unimplemented policies and the persistent digital divide. DT, driven by technological progress, is crucial for achieving environmental, economic, and social sustainability goals. This includes integrating sustainability into curricula, assessing institutional leaders' commitment to sustainability, and adopting eco-friendly campus practices. Diversity, equity, and inclusion (DEI) are strategic concerns affecting institutional culture, research, teaching, and …

Evaluation Of Ste(A)M Education: An Analysis Of Research And Practices From 2014 To 2023, Billy T.M. Wong, Kam Cheong Li, Mengjin Liu

Journal of Educational Technology Development and Exchange (JETDE)

STEM (Science, Technology, Engineering, and Mathematics) and STEAM (by including Arts) education (hereafter STE(A)M education) has been widely studied and practiced. Evaluation plays an important role in assessing and improving the effectiveness of relevant initiatives. Although there has been extensive research on evaluating STE(A)M education, little attention has been paid to examining the patterns of said evaluations. To address the research gap, this paper analyses relevant work on the evaluation of STE(A)M education practices with respect to their countries/regions, levels of education, discipline domains, pedagogical approaches, objectives of evaluation, evaluation areas, as well as data collection and analysis methods. It …

Analyzing The Effectiveness Of The Readi System In Helping Non-Native English-Speaking Preschoolers In Sarawak Learn The Alphabet: A Pilot Study., Yen Vee Tan, Julia Ai Cheng Lee, Rehman Ullah Khan, Chwen Jen Chen, Kartini Abdul Ghani, Sarah Flora Samson Juan, Brian Chung Shiong Loh

Journal of Educational Technology Development and Exchange (JETDE)

In Sarawak, Malaysia, many children come from multicultural backgrounds and are predominantly non-native English speakers making preschool education essential for developing early literacy skills in English. However, high teacher-child ratios can impede effective learning. The READi system—a module-based, multisensory, web-based early literacy intervention—was introduced as a supplementary classroom tool to address this challenge. This pilot study specifically evaluated the effectiveness of the "Alphabet Adventure" module within the READi system on enhancing alphabet knowledge, with a focus on letter recognition and letter name knowledge. The research design employed a pretest-posttest control group approach grounded in the positivist paradigm. [YT1] Participants were …

Gamification In Education: Its Impact On Engagement, Motivation, And Learning Outcomes, Hansika Ukgoda

Journal of Educational Technology Development and Exchange (JETDE)

Gamification, integrating game design elements into educational contexts, has emerged as a promising strategy to enhance student engagement, motivation, and learning outcomes. This systematic review synthesizes findings from 41 peer-reviewed studies published between 2012 and 2023, offering a comprehensive overview of the current state of gamification in education. Following PRISMA guidelines, the review evaluates the effectiveness of gamification elements such as points, badges, and leaderboards. Key Findings indicate that while gamification can foster positive learning attitudes and competition, its effectiveness depends on the context. The impact of game elements on engagement and motivation varies based on the learning environment and …

The Demand For Educational Functions Of Study Tour Products: From Students’ Perspectives, Yaqi Yu, Azizan Marzuki

Journal of Educational Technology Development and Exchange (JETDE)

Few academic studies have comprehensively examined the actual demands of students regarding the educational function of study tours. This paper develops a demand index system based on three dimensions: cognitive, affective, and behavioral demands. A questionnaire survey was administered to 397 students. Initially, student demands were categorized using the Kano model. Subsequently, the “dependence” and “expectancy” characteristics were analyzed through the dissatisfaction index (DI) and satisfaction index (SI). The impact of fulfilling each demand on dissatisfaction and satisfaction levels was then determined. The results indicated that among the three dimensions, there were 7 must-be demands, 6 one-dimensional demands, 8 attractive …

A Stakeholder-Focused Strategy For Developing And Executing Smart Safety Systems For Construction Sites, Yan Wai Chan, Yiu Fai Tsang, Simon K.S. Cheung, Kwan Keung Ng, Kwok Tai Tai Chui, Lap-Kei Lee Dr.

Journal of Educational Technology Development and Exchange (JETDE)

This paper explores the development and implementation of the Smart Site Safety System (4S) with artificial intelligence (AI) and virtual reality (VR) technologies from the perspectives of various stakeholders in the construction industry. It aims to shed light on the voluntary adoption of the 4S as a safety benchmark on construction sites by examining the views of developers and contractors, assessing implementation processes, identifying potential challenges, and suggesting relevant training initiatives. Preliminary work was conducted at two active construction sites in collaboration with selected innovation and technology firms. This approach offered several advantages, including comprehensive testing, leveraging established business relationships, …

Metaverse Is The Future Of Learning: Investigating The University Students' Adoption Intention And Emerging Research Agenda, Mohammad Faruk, Shahedul Hasan, Dr. Md. Shamsul Arefin, Sagor Ejarder, Md. Asif Khaled, Md. Nazmul Hossain

Journal of Educational Technology Development and Exchange (JETDE)

This study aims to synthesize existing literature on the application of the metaverse - characterized by an immersive experience-providing environment and differentiated from AR and VR by three features: "shared", "persistent", and "de-centralized" - in the education sector and to determine the factors that influence the adoption intention of the metaverse among the university students in Bangladesh. A research framework and relevant hypotheses were developed considering TAM and UTAUT as the theoretical foundation. Adopting a descriptive research design, the study administers a 7-point Likert scale survey questionnaire among 566 respondents selected with convenience sampling from different public and private universities …

Trading Places: The Intersection Of Lgbtq Rights And Zionist Rights Under Federal Civil Rights, Marc A. Greendorfer

Touro Law Review

While antidiscrimination laws have a long history at both the federal and state levels, the scope of coverage for these laws has evolved based on nuanced interpretations of terms that previously had established, static meanings. Many antidiscrimination laws prohibit discrimination on the basis of generic categorizations such as sex, religion or ethnicity but such terms are undergoing a rapid change in the way society understands and uses them. For example, sex, which historically has referred to biological gender at birth, now encompasses gender as well as sexual orientation. This article focuses on a recent Supreme Court decision relating to the …

Locking Up Potential: Why Children Need Access To Special Education Services In Solitary, Lauren Edwards

Touro Law Review

Correctional facilities across the country are consistently failing to provide adequate special education to disabled children who are placed in solitary confinement due to inadequate funding, untrained staff, and lack of consensus on how to implement a program. This Note compares the special education services that disabled children are entitled to under the Free Appropriate Public Education (“FAPE”) statute with the education they receive during incarceration. This Note also discusses suggestions for implementing meaningful special education when a child is isolated. When disabled children are placed in solitary confinement and deprived of education tailored to their specific needs and abilities, …

“Digital Integrity”: Defending The Judicial Integrity In The Digital Age, Guy Alon, Doron Menashe, Guy Itzhak Sender

Touro Law Review

Recent revelations have shown that the protection of the Fourth Amendment in the digital age is inadequate. Despite well-known exclusionary rules regarding evidence obtained by illegal search and seizure, current trends in the digital age and the law of evidence resulted in courts that tend to include such evidence, and by doing so, create significant risk of both substantive and procedural errors and hence increase the potential for wrongful convictions. To address the matter and try to empower and modernize the protection given by the Fourth Amendment, this article suggests performing a revolution in the law of evidence in the …

Variable Standards: How Many Uninjured Class Members Are Acceptable?, Tom Flesher

Touro Law Review

Purchasers of canned tuna filed a class action against tuna producers after a price-fixing scheme raised prices above competitive levels. To be certified, a class must include only members who have suffered an injury, in this case by paying a higher price than they would have in the absence of price-fixing, but it was difficult to identify which plaintiffs were uninjured and should be excluded. Dueling statistical models failed to resolve this uncertainty, with one model suggesting up to one in every three class members was not injured at all. The Ninth Circuit nonetheless allowed this class to be certified, …

Mitigating The Opioid Epidemic Crisis: An Assessment Of Multidisciplinary Public Health Interventions And Substance Use Disorder Curriculum Expansion In Osteopathic Institutions, Olalekan Ogunsakin

Touro Law Review

The opioid epidemic remains a critical public health crisis, with over one million drug overdose deaths reported since 1999. In 2021 alone, more than 80,000 deaths were attributed to opioid overdoses, with synthetic opioids like fentanyl contributing to nearly 88% of these fatalities. This evolving epidemic underscores the urgent need for innovative approaches to address the misuse of opioids, particularly in healthcare settings. This study evaluates a multidisciplinary public health intervention focusing on substance use disorder (“SUD”) curriculum expansion in osteopathic institutions. Designed to bridge knowledge gaps among future healthcare professionals, the intervention included training over 1,200 osteopathic students in …

Special Issues Facing People Who Use Drugs And How Sensitive Lawyers Can Help: Three Case Studies From Rutgers Law Associate, Andrew J. Rothman

Touro Law Review

No abstract provided.

Addressing Opioid Use Disorder In The Middle East And North Africa (Mena) Regions, Alyaa Chace

Touro Law Review

The opioid crisis has devastated communities across the United States, prompting extensive litigation against pharmaceutical companies for their role in fueling addiction. Aggressive pharmaceutical marketing has led to the development of key lawsuits against Purdue Pharmaceuticals, the Sackler family, Johnson & Johnson, and Teva Pharmaceuticals, as well as a landmark $26 billion global settlement involving major distributors. U.S. courts have played a crucial role in corporate accountability, mandating record financial settlements alongside behavioral and policy reforms. By contrast, the opioid crisis in MENA, which stemmed largely from illicit drug trafficking often linked to geopolitical instability, has been more often met …

Table Of Contents

Touro Law Review

No abstract provided.

Symposium Transcript, In Re Opioid Litigation: The Pretrial Phase, Rodger D. Citron

Touro Law Review

In October 2023, Touro Law Center held a two-day conference on “The Past and Future of Opioid Litigation.” The inspiration for the conference was an extraordinary five-month jury trial in Suffolk County presided over by Hon. Jerry Garguilo. The trial, which was the first in the United States to include all parties in the pharmaceutical supply chain, from manufacturers to wholesale distributors to retail sellers, began in the summer of 2021. As Touro Law Dean Elena Langan notes in her introductory remarks below, because of the pandemic, the trial began and continued for a period of time in the auditorium …

Foreword: The Opioid Litigation Conference, Rodger D. Citron

Touro Law Review

No abstract provided.

Litigation, Reform, And The Opioid Crisis: From Mdl To Bankruptcy, Abbe R. Gluck

Touro Law Review

Can bankruptcy solve a public health crisis? Bankruptcy has taken center stage in complex civil litigation, and the massive opioid litigation is no exception. The U.S. Supreme Court in 2024 decided its first recent case about the intersection of bankruptcy and modern public harms litigation in Harrington v. Purdue Pharma L.P., a decision that brought to the fore pressing questions about the increasing use of bankruptcy in mass torts. In raising concerns about bankruptcy courts being used as a “roving commission to solve all such problems” in complex civil litigation,” the case potentially signals the Court’s growing discomfort with creative …

On Guido Calabresi, Roger K. Newman

Touro Law Review

Few individuals have had as long and as influential a career in law as Guido Calabresi. Cofounder of the field of law and economics, teacher, dean, and judge, he has inspired (and infuriated) multitudes. On the United States Court of Appeals for the Second Circuit, where he has served for thirty years (while continuing to teach until recently), his creativity and doctrinal innovations continue apace. He has urged the academy, legislature, and bench alike to engage in continuing conversation to improve the law and its effect upon those to whom it acts. One of these areas is certification—the practice of …

Unboxing The Box: A Deep Dive Into Solitary Confinement And When It May Violate The First And Eighth Amendments, Madison Scarfaro

Touro Law Review

Solitary confinement has been a practice used for those who are incarcerated in our criminal justice system for hundreds of years. Our nation, as well as our society have evolved and continue to evolve over the course of hundreds of years. However, the use of solitary confinement has not. Even with all of the research and literature surrounding the monstrosities that come about from solitary confinement, it is still used in most of our jails and prisons to this day. The Eighth Amendment to the U.S. Constitution provides: “Excessive bail shall not be required, nor excessive fines imposed, nor cruel …

Love In The Disabilities Paradigm: A Normal Person’S Need For Healing, Randy Lee

Touro Law Review

We function in a disabilities paradigm where people are broken in a multitude of ways and where, having recognized their brokenness, we seek in our benevolence to remake these broken people in our own image. There is, however, another paradigm in which one might live, a paradigm of love. In that paradigm, people are not divided between “normal” and “broken” but live together on a common spectrum of light. In this paradigm, people are not so much “disabled” as they are waiting to be believed in, and in this paradigm, the greatest need for healing is in the capacity to …

Private Religious Schools And Disability Discrimination, Kevin Timpe

Touro Law Review

In the lead-up to the passing of the Americans with Disabilities Act (“ADA”), religious institutions and organizations lobbied to be exempt. Because they were successful in securing an exemption to most of the ADA’s requirements, religious private schools maintain the legal right to refuse admission to disabled students or to fail to give them various legal protections. After considering the arguments given in its favor, the paper critiques this exemption on moral grounds. It then suggests that these considerations should lead to a reexamination of the legal right such schools have to discriminate against disabled individuals, especially in those cases …

The False Evidence Ploy: A Coercive, Not Just Deceptive, Police Tactic, Alexa D. Sondey

Touro Law Review

Why would people confess to a crime they did not commit? It may seem hard to imagine that an innocent person would confess but as this Note will show, false confessions are a real and serious issue. One cause of false confessions is the False Evidence Ploy - a police interrogation tactic where police falsely tell a suspect they have some sort of incriminating evidence against them. This Note argues that the Ploy is psychological coercion, as it may cause innocent suspects to believe they actually committed the crime and then confess. N.Y. Bill S324A presented a solution, banning the …

Fundamental Alteration Limits On Disability Rights: Spread, Specifications, And The Quality Of Education, Adam M. Samaha

Touro Law Review

Fundamental alteration limits are now remarkably prevalent in disability rights law, even if the underpinnings of those limits are not well understood. This article explores the spread, specification, and normative problematics of those limits on disability accommodation and modification claims, with special attention to claims involving education. Often legal sources are vague regarding the content of fundamental alteration limits, but the article suggests that leading options include preservation of a program’s (1) nature, (2) details, (3) purposes, or (4) quality, including training and competition. Although several of these options seem unproductive, directing attention to quality training and fair competition among …

In Too Deep: Navigating An Unpredictable Algorithm, Anthony J. Ranieri

Touro Law Review

This note explores the intersection of deepfakes, a newfound and seemingly ubiquitous technology, and the protections granted by the Free Speech Clause under the First Amendment. At this juncture, society has failed to develop an infallible form of deepfake detection technology despite persistent and diligent efforts by individuals and entities alike. Hyper realistic deepfake technology has and will continue to be utilized by bad actors as a tool for advancing their nefarious goals, resulting in cognizable harm to individuals and society at large. This note evaluates the current state of deepfake technology and the potential obstacle that traditional First Amendment …

Scenes From A Sabbatical: Narratives Of School Leadership, Albert Boerema

University Faculty Publications and Creative Works

School leadership is often described in terms of vision, strategy, and efficiency. However, the lived experiences of school leaders reveal a far more complex reality—one shaped by relationships, ethical dilemmas, and the daily challenges of guiding a school community. This paper presents insights from a sabbatical study in which the author observed and interviewed leaders at five schools—one public and four faith-based.Four aspects of leadership are illustrated in this essay: the emotionally charged moments, the tensions that arise between competing visions, the fragility of educational institutions, and the role of hospitality in leadership.These narratives illustrate how school leaders navigate conflict, …

Spending Clause Standing, Edward Webre Plaut

Michigan Law Review

The Biden Administration’s American Rescue Plan Act allotted almost $220 billion to state, local, and tribal governments to help combat the COVID-19 pandemic. This money, the Coronavirus State and Local Fiscal Recovery Fund, gave recipients wide spending discretion to address their struggling economies. But the legislation had one key limitation: Recipients could not use the money to “directly or indirectly” cut their taxes. If a recipient violated this “Offset Provision,” the Department of the Treasury might recoup the funds.

Nearly two-dozen states alleged that the Offset Provision was unduly coercive and ambiguous, violating the Spending Clause. However, with no threatened …