Digital Commons Network^™

Lessons Learned From The Trump Rule Of Law Stress Test: Beware Bad Faith Actors, Brian Z. Tamanaha

Scholarship@WashULaw

The second Trump Administration has engaged in a vast swath of actions that press against the outer boundaries of legality. These actions provide a unique opportunity to identify potential vulnerabilities and expose how the rule of law can be undermined. While I will elucidate well-known points along the way, my primary aim is to bring out aspects of the rule of law that usually go unnoticed or under the radar. After setting out basic aspects of the rule of law, I cover three topics: 1) adhering to the truth, 2) pretextual arguments, and 3) flooding the field with actions and …

The Curiously Minor Role Of Minor V. Happersett (Foreword), Susan Frelich Appleton, Travis Crum, Hannah Keidan

Scholarship@WashULaw

This Foreword introduces a symposium marking the 150th anniversary of Minor v. Happersett, a Supreme Court decision unanimously holding that the Fourteenth Amendment's Privileges or Immunities Clause did not enfranchise women. Notwithstanding its impact on the women's suffrage movement and the subsequent ratification of the Nineteenth Amendment, Minor presents a puzzle: it is a relatively obscure precedent that remains deeply relevant to contemporary legal debates. To elucidate this point, this Foreword juxtaposes Minor with two notorious Supreme Court decisions: Dred Scott and Dobbs.

Like Dred Scott, Minor pairs a morally repugnant result with legalistic reasoning. But whereas …

Viability As Abortion-Rights Orthodoxy, Susan Frelich Appleton

Scholarship@WashULaw

Borrowing a quotation from Justice Jackson’s influential opinion in West Virginia Board of Education v. Barnette, Professors Linda McClain and James Fleming have named their ambitious and illuminating new book “What Shall Be Orthodox” in Polarized Times. As Justice Jackson wrote in applying the First Amendment to protect school children with familial objections to a required flag salute: “If there is any fixed star in our constitutional constellation, it is that no official, high or petty, can prescribe what shall be orthodox in politics, nationalism, religion, or other matters of opinion or force citizens to confess by word or act …

A Liberty-Balancing Approach To Crime, Sheldon Evans

Scholarship@WashULaw

At its core, the criminal legal system is an ecosystem of institutions that seek to balance liberty interests. The insightful theories and complex practices of crime policy coalesce around questions on how crime impacts the liberties of individuals and communities to be safe, and how this correlates with the deprivation of liberty from offenders through our punishment system. But modern criminal policy, most often associated with the problems of overcriminalization and mass incarceration, has wholly abandoned any such delicate and nuanced balancing. Instead, the system thrives on sacrificing the liberties of offenders in a perverse and ineffective regime that leads …

Dark Patterns In The Opt-Out Process And Compliance With The California Consumer Privacy Act (Ccpa), Jens Frankenreiter, Van Hong Tran, Aarushi Mehrotra, Ranya Sharma, Marshini Chetty, Nick Feamster, Lior Strahilevitz

Scholarship@WashULaw

To protect consumer privacy, the California Consumer Privacy Act (CCPA) mandates that businesses provide consumers with a straightforward way to opt out of the sale and sharing of their personal information. However, the control that businesses enjoy over the opt-out process allows them to impose hurdles on consumers aiming to opt out, including by employing dark patterns. Motivated by the enactment of the California Privacy Rights Act (CPRA), which strengthens the CCPA and explicitly forbids certain dark patterns in the opt-out process, we investigate how dark patterns are used in opt-out processes and assess their compliance with CCPA regulations. Our …

Multi-Source Remote Sensing–Based Soil Moisture Prediction Using Machine Learning, Niraj Neupane

Electronic Theses and Dissertations

Soil moisture (SM) plays a central role in climatic and environmental processes, influencing shear strength of soil, agricultural productivity, land–atmosphere interactions, and hydrologic functioning. However, accurately estimating SM across diverse climatic regions remains challenging due to spatial heterogeneity, limited in situ measurements, and inconsistencies in sensor resolution. Machine learning (ML) and remote sensing offer promising avenues for improving SM prediction, yet many existing approaches struggle with generalization across climatic gradients and often fail to capture temporal variability. This study integrates multi-source satellite and climate datasets, including SMAP L4_SM, MODIS land surface temperature, Daymet meteorological variables, and in situ observations from …

Evaluating And Mapping Habitat Suitability And Effects Of Woodland Treatment On Breeding Pinyon Jays In Colorado, Emily Diane Macklin

Electronic Theses and Dissertations

The pinyon jay (Gymnorhinus cyanocephalus) is a highly social, colonially nesting corvid endemic to the interior western United States whose populations have declined by ~72% since 1966, prompting the species’ current review for listing under the Endangered Species Act. Pinyon jays inhabit pinyon pine (Pinus subsect. Cembroides) and juniper (Juniperus spp.) woodlands and other dry conifer woodlands, portions of which are treated through tree thinning and removal for fuels reduction, ecological restoration, and habitat improvement for wildlife. As a result there is pressing need to better understand how woodland treatment and other potential drivers impact pinyon jay habitat suitability and …

Spatiotemporal Habitat Use, Sex-Specific Movement, And Site Fidelity Of Walleye In Lake Sharpe, Sd, Carter S. Dollen

Electronic Theses and Dissertations

Walleye Sander vitreus are a popular sportfish among anglers in South Dakota with large economic impacts to local communities. A popular destination for Walleye anglers is Lake Sharpe, a 25,000-ha reservoir on the Missouri River, in central South Dakota. Gill net catches in Lake Sharpe show high annual variation, prompting concern that gill net catch rates may be poorly related to population abundance. A better understanding of Walleye movement and distribution could lead to increased precision in annual abundance estimates and improved active management that increases angler success. The goals of this study were: 1) determine spatiotemporal movement patterns of …

Quantifying Avian And Vegetation Communities On Agricultural Conservation Easement Wetlands In Eastern South Dakota, Katherine Millman

Electronic Theses and Dissertations

The Prairie Pothole Region of eastern South Dakota contains numerous small depressional wetlands, colloquially known as potholes, that provide important ecosystem services, including water storage, water quality improvement, and wildlife habitat. The Agricultural Conservation Easement Program (ACEP) was established by the U.S. Department of Agriculture to protect and restore wetlands and grasslands on private land through easements such as Wetland Reserve Easements. Although ACEP requires management practices intended to maintain or improve habitat quality, few studies have evaluated their effectiveness at supporting wildlife communities and vegetation integrity. To address this gap, we evaluated wetlands at 30 ACEP sites and 20 …

Enhancing Alfalfa Persistence In Rangelands: Evaluating Morphological Traits Of Medicago Sativa Subsp. Falcata Germplasm, Abdulallah Mohammed Alomair

Electronic Theses and Dissertations

Rangelands cover nearly half of the Earth’s surface, representing about 54% (79 million km2), and occur in different types and climates worldwide. Alfalfa (Medicago sativa L.) is a major component in rangelands and covers about (320 thousand km2), representing about 0.4% of total global rangeland area. As a critical perennial legume crop, alfalfa can improve soil health by fixing approximately 336 kg/ha/year of nitrogen and sequestering up to 614 kg/ha/year of carbon, while enhancing livestock production due to its high content level of vitamins, magnesium, minerals, fiber, and protein. However, environmental stresses such as drought, freezing, and grazing limit alfalfa …

Epidemiological And Diagnostic Approaches For Soybean Cyst Nematode In South Dakota, Nabina Karki

Electronic Theses and Dissertations

Soybean cyst nematode (SCN), Heterodera glycines (HG) Ichinohe, is an endoparasitic nematode and one of the major yield-limiting pathogens of soybean (Glycine max L.) in the United States. Soybean cyst nematode alone accounts for more than $1.5 billion economic loss annually in North America. First reported in the U.S.A. in 1954 in New Hanover County, North Carolina and later in 1995 in Union County, South Dakota. Prior to this study, SCN has spread in 34 counties in the state. As a soil pathogen, which can adapt to most soil conditions under soybean production and beside soybean, it is hosted on …

Formulation And Immunogenicity Of L1 Orf1 Mrna Vaccine In Mice, Raj Nandani

Electronic Theses and Dissertations

This dissertation presents the design, formulation, and immunogenicity evaluation of a novel mRNA vaccine targeting the L1 ORF1p protein, a tumor-associated antigen. The vaccine was synthesized using in vitro transcription and encapsulated in lipid nanoparticles (LNPs), with both unmodified uridine and N1-methylpseudouridine variants tested. Physicochemical characterization confirmed optimal particle size (160–220 nm), acceptable zeta potential, and encapsulation efficiency ranging from 74% to 92%, with preserved RNA integrity post-formulation. These results validate the robustness of the formulation workflow and its suitability for antigen delivery. Immunogenicity studies in C57BL/6 mice revealed modest but promising immune responses. While early activation markers (CD69) and …

Evaluation Of Two Stem Boring Insects In South Dakota: A Survey Of Wheat Stem Sawfly And Determining The Impact Of Planting Date On Dectes Stem Borer Infestations In Sunflowers, Khuma Kumari Bhusal

Electronic Theses and Dissertations

Wheat, Triticum aestivum L., and sunflower, Helianthus annuus L., are major crops in South Dakota that are threatened by stem-boring insect pests capable of reducing yield and harvestability. In wheat, the wheat stem sawfly, Cephus cinctus Norton, has long been recognized as a destructive pest in the Northern Great Plains, yet its actual distribution within South Dakota remained uncertain. To determine its presence, a two-year survey was conducted across the state from 2023–2024, during which one to four wheat fields per county were sampled using standardized sweep net transects. Wheat stem sawflies were collected only from Harding and Perkins Counties …

Lorawan-Enabled Iot Solution For Smart Farming, Talha Khan

Electronic Theses and Dissertations

The rising global demand for food, driven by population growth, alongside a declining rural workforce, presents a great challenge for agriculture. Precision agriculture, which relies on the widespread adoption of smart farming technologies, is anticipated to enhance agricultural productivity and sustainability. Emerging technologies, such as machine vision, artificial intelligence (AI), and the Internet of Things (IoT), offer innovative and promising solutions to address these challenges. This study focuses on LoRaWAN, a prevalent Low-Power Wide-Area-Network (LPWAN) IoT technology, examining its application in crop and livestock farming as well as its associated cybersecurity challenges. LoRaWAN IoT systems were constructed for three application …

Implementing A Care Progression Model Aimed At Improving Quality Outcomes, Jaclyn Rowbotham Msn, Rn, Acm-Rn

Patient Care Services / Nursing

No abstract provided.

Exchanging Kindness: Boosting Nurse Wellbeing, Nurse Satisfaction And Team Connection, Debbie Nuttall Bsn, Rn, Terri Ferrizzi Bsn, Rn, Ashley Daubert Bsn. Rn, Marie Shanahan

Patient Care Services / Nursing

No abstract provided.

Effects Of Parent Involvement In Their Children’S Academic And Behavioral Performance, Megan Menozzi

Theses and Dissertations

This applied dissertation was designed to investigate the best practices to increase parental involvement in their children’s school activities by recording and scribing the experiences of certified teachers. Prior to this study, the current school experienced a decrease in parental involvement with their child’s scheduled school activities. As the school carry on with planning scheduled events for parental involvement, teachers were still expected to be prepared to implement curriculum in the classrooms, while ensuring children’s needs were being met by way of continuous communication with families.

The researcher developed a qualitative phenomenological approach. The design allowed the researcher to interview …

Foster Care Placement And Law Enforcement Contact, Tranika Guerrero De Los Reyes

Theses and Dissertations

Interaction with law enforcement and delinquency are higher among youth in foster care, and they are likely to experience higher incarceration rates and be involved in criminality, which limits their access to education and employment. The problem addressed in this study was the elevated risk of law enforcement contact outcome (LEO) among adolescents and young adults with a history of foster care placement. The purpose of this quantitative research was to investigate differences in the number of LEO contacts and LEO arrests based on foster care placement type among youth in California’s foster care system.

Guided by the social control …

A Study Of The Effect Of Incentives On Police Recruitment And Retention, Taylor R. Wiggins

Theses and Dissertations

This study examines factors contributing to the staffing crisis in police departments, focusing on officers' perceptions of their organizations. It explores their attitudes toward their departments, motivations for joining law enforcement, and reasons for remaining in their positions. Additionally, the research assesses the impact of various incentives on officer retention.

A total of 140 participants were surveyed, with 113 completing the survey in its entirety, ensuring reliable data analysis. Demographic findings revealed a predominantly male sample (85.8%), with most officers aged between 25 and 44. Analysis of the Minnesota Satisfaction Questionnaire (MSQ) indicated that intrinsic satisfaction (M = 3.85; range …

Overcoming Challenges In Obtaining And Presenting Evidence In Federal Sex Trafficking Prosecutions, Jason Brumbelow

Theses and Dissertations

Sex trafficking is a complex and under-prosecuted federal crime (Cook, 2019). Misunderstandings about how this exploitation happens can “frustrate the criminal justice response to trafficking” (Murphy, 2022, p. 4). Investigating and prosecuting the crime of sex trafficking includes understanding concepts such as consent and coercive control. Proving these concepts within the federal criminal justice system is not straightforward (Albanese et al., 2022).

This study will examine the challenges law enforcement professionals face in identifying and putting forth the elements of force, fraud, and coercion in federal sex trafficking investigations and prosecutions. Investigating and prosecuting the crime of sex trafficking requires …

Female Offenders' Perceived Needs And Assistance Received During Reintegration Into The Community, Sarah I. Bauer

Theses and Dissertations

Reentry after prison is a challenge for justice involved females, with many factors contributing towards a positive reintegration into society or negatively, which can promote recidivism. Programs and policies exist to assist female offenders with a positive re-entry experience after incarceration and are in place to affirm that this population are able to reintegrate into society successfully. However, the recidivism rate continues to trend upwards, even with these programs and policies in place. Prior literature has directly associated certain factors, such as family, housing, substance abuse and mental health been directly correlated with reentry practices. This dissertation will use a …

Unrestrained Voices: A Qualitative Thematic Analysis On Formerly Incarcerated Trans People’S Perceptions Of Safety During Incarceration, James Anthoney Crawford

Theses and Dissertations

Heightened risks of violence, discrimination, and insufficient institutional protections mark the experiences of incarcerated trans individuals. This qualitative thematic analysis investigated the perceptions of safety among formerly incarcerated trans people within U.S. correctional facilities. Using qualitative research methods, the study gathered firsthand accounts of physical and sexual assault, examined institutional responses to reported incidents, and assessed the effectiveness of the Prison Rape Elimination Act of 2003 in addressing the unique vulnerabilities of trans inmates. Data collection involved oral history transcript analysis, which was analyzed through thematic coding to identify patterns of institutional neglect, inadequate training of correctional staff, and systemic …

The Impact Of The Annapolis Police Athletic League On Youth Crime Prevention And Police-Youth Relationships, Talia Carol Lisko

Theses and Dissertations

The Annapolis Police Athletic League (PAL) was established as an initiative to prevent juvenile delinquency by fostering positive relationships between at-risk youth and law enforcement. The study explored the effectiveness of the PAL program using a generic qualitative research approach informed by the CIPP evaluation model. Semi-structured interviews with police officers and volunteer mentors involved in the program provided insight into the program’s implementation, outcomes, and its influence on youth crime prevention in the Annapolis community. The findings from this study contribute to a deeper understanding of community-based crime prevention and the role of law enforcement in promoting pro-social attitudes …

The Lived Experiences Of Project Rebound Students In California, Jeffrey R. Jacobs

Theses and Dissertations

As the United States attempts to address issues of prison overcrowding, recidivism, and rehabilitation, states like California have turned to higher education during and after incarceration to remedy the situation and promote successful community reentry among individuals who have served time in the nation’s prisons. People who are formerly incarcerated are often up against a myriad of obstacles once released, and programs like California State University’s Project Rebound aim to aid in this transition through a model rooted in community and campus care. Numerous bodies of research have explored the impacts of education on individuals who are actively incarcerated; however, …

Incarcerated Youth Returning To Society As Adults: An Examination Of Their Lived Experiences And Challenges, Kimberly R. Lawrance

Theses and Dissertations

When children have been incarcerated, they face collateral consequences that make it nearly impossible to recover from when they return home. Collateral consequences are the adverse effects experienced by incarcerated people and their families often causing restrictions or missed opportunities after interaction with the criminal justice system (Moise, Simonsen, & Kearl, 2023). Collateral consequences can be related to housing, employment, and education, to name a few. These lost opportunities are concerning for youth because most have never held a job or finished high school. Collateral consequences often set them up for failure leading to the revolving doors of jails and …

Perceptions Of Maine Batterer Intervention Program Directors On Treatment Challenges, Jenna Ostrowski

Theses and Dissertations

Intimate partner violence (IPV), commonly known as domestic violence, is a widespread social issue that continues to impact many victims. To combat this problem, multiple funded resources target not only the victims’ needs, but also attempt to reduce recidivism rates for domestic violence offenders. Treatment programs for domestic violence offenders have been operational since the 1970s, with curricula directed toward changing power and control dynamics in intimate relationships. Growing research supports the idea that domestic violence offenders have more prevalent histories of childhood trauma and mental health issues, which may increase the risk of IPV perpetration. However, research also shows …

Incremental Innovation, George Horvath

Faculty Scholarship

Transformative innovations—the ones that use new technologies to disrupt the world—command our attention. But most new products are the result of a more mundane process of incremental iterative innovation, evolving through a long series of small modifications of existing technologies. Although both kinds of innovation can result in improved safety and utility, both can also create new dangers. We tend to be more aware of this in transformative innovations (as current worries over artificial intelligence show); by contrast, dangers created by incremental iterative innovation often go unrecognized, because the process itself is easy to overlook. Policymakers and regulators need to …

Governance & Guardrails: Emerging Technologies And Low-Wage Workers, Seema N. Patel

Faculty Scholarship

This Article examines an important, but undertheorized phenomenon at the intersection of technology and work: the rapidly increasing presence of artificial intelligence systems into low wage workplaces—and decidedly into the lives of low-wage workers themselves—and the resulting broader implications on work law and democracy. For decades, technology has enabled employers to increasingly exert control over workers; but for all their promise, emerging technologies like artificial intelligence also extend a new and potentially harmful level of concern for low-wage workers in particular. From algorithmic software that unilaterally determines workers’ schedules “on demand” and without notice; to constant and often surreptitious surveillance …

Trumpian Impoundments In Historical Perspective, Zachary S. Price

Faculty Scholarship

During the election campaign and the first 100 days of his second term, President Donald Trump and key figures in his administration took actions and made statements suggesting that they believe the President holds a constitutional power to "impound," or decline to spend, appropriated funds. They also suggested that they believe the executive branch is better suited than Congress to represent the common good in federal spending. Although both these arguments have historical antecedents, both are deeply flawed, and courts should reject them in an appropriate case. Rather than continue its trajectory toward executive governance, the United States should adhere …

Secretive Sheriffs: Opacity And Variation In California's Jail Responses To Covid-19, Hadar Aviram, Aparna Komarla

Faculty Scholarship

Agnotology is the study of culturally induced ignorance or doubt, particularly the publication of inaccurate or misleading scientific data. In this Article, we draw attention to a disturbing site of agnotology: healthcare in California jails. Often obscured because of the attention to state prisons, jails were sites of opacity and misinformation, largely because of sheriffs’ refusal to collaborate with data collection efforts—both coordinated by the state and solicited through non-profits.

Building on the data collection effort of the Covid In-Custody Project and on public advocacy efforts of the #StopSanQuentinOutbreak coalition and its off-shoots, we show the chasm between data on …