Digital Commons Network^™

Purposivism For Me, Textualism For Thee: West Virginia V. Environmental Protection Agency, Doug Dolan

Missouri Law Review

Like any other hardy administrative law article, this Note starts with Chevron. In 1984, the Supreme Court decided the landmark case, Chevron U.S.A. Inc. v. National Resources Defense Council, Inc. There, the Court said it will defer to an agency’s interpretation of a statute if that interpretation is reasonable. However, because some on the Court saw Chevron deference as “wrest[ing] from [c]ourts the ultimate interpretive authority to ‘say what the law is’ and hand[ing] it over to the Executive,” exceptions to Chevron deference have appeared like worms after a storm.

Revisiting The Original Congressional Debates About The Second Amendment, Dru Stevenson

Missouri Law Review

Many scholars and courts have written about the historical background of the Second Amendment, either to emphasize its connection to state level citizen militias or to argue that the Amendment protects an individual right to own and carry guns for self-defense. While many authors have mentioned the original congressional debates about the Second Amendment, the literature is missing a thorough, point-by-point analysis of those debates, situating each statement in Congress within the context of the speaker’s background and political stances on issues overlapping with the right to keep and bear arms. This Article attempts to fill this gap by providing …

Migrants Sans Papiers: The Impact Of Cantonal Program And Policy Discrepancies On Undocumented Migrant Healthcare Utilization In Switzerland, Denise Peng

Independent Study Project (ISP) Collection

While Switzerland houses what is generally considered one of the best healthcare systems globally, regional policy discrepancies leave undocumented migrants (UDM) in precarious conditions that threaten the nation’s claim to universal health coverage. Critical analyses of existing UDM-catering structures in different cantons, the Swiss Confederation member states, reveal that local discrepancies in healthcare utilization are functional gradients of cantonal support and public endorsement. Relationships with these authorities are instrumental in steering health outcomes not only with program funding and outreach but also management of studies to better understand UDM health determinants and inform future preventative measures.

UDM services and initiatives …

Obstacles To Fostering Integration Of Local And Non-Local Students In Hong Kong Universities Amid Political Turmoil And The Covid-19 Pandemic, Kubert Tianhang Wang, Theresa Kwong, Babak Hassan Beygi, Mike Ka Pui So, Percy Ho Tim Hung, Man Sang Wong

Journal of Comparative & International Higher Education

No abstract provided.

If We Build It, Will They Legislate? Empirically Testing The Potential Of The Nondelegation Doctrine To Curb Congressional "Abdication", Daniel E. Walters, Elliott Ash

Faculty Scholarship

A widely held view for why the Supreme Court would be right to revive the nondelegation doctrine is that Congress has perverse incentives to abdicate its legislative role and evade accountability through the use of delegations, either expressly delineated or implied through statutory imprecision, and that enforcement of the nondelegation doctrine would correct for those incentives. We call this the Field of Dreams Theory—if we build the nondelegation doctrine, Congress will legislate. Unlike originalist arguments for the revival of the nondelegation doctrine, this theory has widespread appeal and is instrumental to the Court’s project of gaining popular acceptance of a …

The Article Iii "Party" And The Originalist Case Against Corporate Diversity Jurisdiction, Mark Moller, Lawrence B. Solum

Faculty Scholarship

Federal courts control an outsize share of big-ticket corporate litigation. And that control rests, to a significant degree, on the Supreme Court’s extension of Article III’s Diversity of Citizenship Clause to corporations. Yet, critics have questioned the constitutionality of corporate diversity jurisdiction from the beginning.

In this Article and a previous one, we develop the first sustained critique of corporate diversity jurisdiction.

Our previous article demonstrated that corporations are not “citizens” given the original meaning of that word. But we noted this finding alone doesn’t sink general corporate diversity jurisdiction. The ranks of corporate shareholders include many undoubted “citizens.” And …

Just Choices? Judicial Selection, Ideology, And Partisanship In The Ohio Supreme Court, Margo D'Agostino

Undergraduate Honors Thesis Projects

This thesis joins the conversation on judicial selection and impacts on judicial ideology. This is a multifaceted question that engages with the history of judicial selection, differences between states, growing polarization and partisanship, and an influx in campaign spending that can all influence Justices’ behavior while on the bench. While other theorists have used more quantitative or statistical analytics, more research is still needed on the nuanced and qualitative questions surrounding the judiciary in the United States, especially on the state level. I look at three Ohio Supreme Court Justices—Maureen O’Connor, Jennifer Brunner, and Sharon Kennedy—and decisions they have penned …

A Conceptual Analysis And Variable Identification Study Of First-Language Attrition, Neil Edward Cantrall

Doctor of Education (EdD)

Children who grow up hearing and speaking one language and then begin learning another often experience first-language (L1) attrition. Existing research presents different theories regarding the process and the contributing factors of L1 attrition. However, the theories and factors are often dispersed throughout the literature with little coherent presentation. This makes it difficult for researchers and some practitioners to model L1 attrition with other variables properly. This study merged conceptual and content analysis through literature reviews to identify the relevant and essential variables that play a role in L1 attrition. I reviewed 54 textual sources which presented information or studies …

The Case Against The Debt Tax, Vijay Raghavan

Fordham Law Review

Americans are increasingly agitating for debt relief. In the last decade, there have been national campaigns to cancel student debt, credit card debt, and mortgage debt. These national campaigns have paralleled local efforts to cancel taxi medallion debt, carceral debt, and lunch debt. But as the public increasingly pursues broad-scale debt relief outside bankruptcy, they face an important institutional obstacle: canceled debt is generally taxable.

The taxability of canceled debt is often raised by opponents as an objection to broad debt cancellation and potentially discounts the value of any debt relief. The conventional account for why we tax canceled debt …

Returning Control To The People: The Native American Languages Act, Reclamation, And Native Language Teacher Certification, Karen E. Lillie

Buffalo Law Review

No abstract provided.

The Formation Of A Hellenic Identity: The Impact Of Herodotus On The Ancient Greek And The Reception Of His Histories, Conor James

History & Classics Undergraduate Theses

The ethnic identity of the ancient Greek is a complicated idea that developed over hundreds of years unbeknownst to the communities that would one day be identified as ‘Hellenes.’ The advent of the polis in the Archaic era was followed by nearly three hundred years of rapid development within the scattered communities of ancient Greece before conflict with the Persian Empire necessitated inter-polis cooperation. This phenomenon prompted a movement in which the aspects of life that were once viewed as mere similarities between different societies were clung to and presented as proof of a common ethnic identity that called for …

Writing Matters: Investigating The Quality Of Collegiate Aviation Incident Report Narratives, Kayla D. Taylor

Doctoral Dissertations and Master's Theses

Strong communication skills are fundamental to workplace success in the field of aviation. Numerous studies have shown that a deficiency in communication skills contributes to aviation accidents, and, as a result, the development of communication competencies within the aviation industry has received considerable critical attention. Understanding the acquisition and subsequent progression of writing skills throughout a pilot’s education, specifically in preparatory aviation courses, is an emerging area of research in aviation communication.

This study examined how the level of supplemental discipline-specific guidance affects the writing quality of incident report narratives composed by collegiate pilot students at Embry-Riddle Aeronautical University (ERAU). …

Defining Safe Training Datasets For Machine Learning Models Using Ontologies, Lynn C. Vonder Haar

Doctoral Dissertations and Master's Theses

Machine Learning (ML) models have been gaining popularity in recent years in a wide variety of domains, including safety-critical domains. While ML models have shown high accuracy in their predictions, they are still considered black boxes, meaning that developers and users do not know how the models make their decisions. While this is simply a nuisance in some domains, in safetycritical domains, this makes ML models difficult to trust. To fully utilize ML models in safetycritical domains, there needs to be a method to improve trust in their safety and accuracy without human experts checking each decision. This research proposes …

Relevance And Turn-Taking In Cross-Modal Computer-Mediated Communication: A Case Study Of Online Live Streaming Platforms, Qingyun (Catherine) Wang , '23

Senior Theses, Projects, and Awards

No abstract provided.

Use Of Reddit For Social Science Research: A Review Of Current Use, Exploration Of Potential Sampling Error, And Practical Demonstration Using Reddit To Study Post-Pandemic Teacher Resignation, Caryn Davidson

Dissertations

This dissertation is comprised of three separate studies related to using the social media platform Reddit for social science research. The first paper provides an overview of current social science research that uses Reddit. The second paper explores the impact of sampling choices and potential sources of error when selecting Reddit data to study. The third paper maps the topics of a sample of posts tagged with the #Resignation flair in the r/Teachers subreddit from three months across school year 2021-2022 including reasons why teachers are leaving the post-pandemic classroom.

The practice of using Reddit for social science research is …

Socially Aware Natural Language Processing With Commonsense Reasoning And Fairness In Intelligent Systems, Sirwe Saeedi

Dissertations

Although Artificial Intelligence (AI) promises to deliver ever more user-friendly consumer applications, recent mishaps involving fake information and biased treatment serve as vivid reminders of the pitfalls of AI. AI can harbor latent biases and flaws that can cause harm in diverse and unexpected ways. It is crucial to understand the reasons for, mechanisms behind, and circumstances under which AI can fail. For instance, a lack of commonsense reasoning can lead to biased or unfair decisions made by Machine Learning (ML) systems. For example, if an ML system is trained on data that is biased or unrepresentative of the real …

The Fate Of The Language Is The Fate Of The People: A Cultural Analysis Of Language Education Policy In Central Asia, Bethany A. Reeve

Senior Theses

With a shared history under the Soviet Union, the five Central Asian republics of Kazakhstan, Kyrgyzstan, Tajikistan, Turkmenistan, and Uzbekistan have spent the past one hundred years dealing with quickly changing language policy and ethnic relations. Under the policy of the USSR, native languages of Central Asia were repressed, and Russian was introduced as the main language of interethnic communication. After they gained independence in 1991, however, each of the five countries embarked on missions to restore the strength of each of their national languages and de-Russify their political, economic, and educational systems. Throughout the region, one of the main …

Tapping Into Calm And Clarity, Caroline Macarah

MATL Action Research Projects

No abstract provided.

Autism Spectrum: The Impact Of Colors And Symbols Have On Students Outcome, So Young Jun

Master's Theses & Capstone Projects

The purpose of this action research paper was to explore the effects of educational interventions using colors and symbols on orchestra members with Autism Spectrum Disorder. A fifth week action study was conducted using visual support for effective musical expression in an orchestra composed of members with autism and intellectual disabilities. The red glasses marked on the sheet music of the members should see the conductor and play according to conductor’s hand signals, and the number of times they could not play according to the conductor's hand signals was checked every week for 5 weeks to collect and analyze data. …

Sccs Tinley Cultural Relationships School Improvement Plan, Rebecca D. Rael

Master's Theses & Capstone Projects

This school improvement plan (SIP) aims to identify and implement tangible practices to welcome families of color to the SCCS Tinley Park Campus and create pathways for cultural discussions to begin and grow within the school community. The plan also includes lesson plan materials in the form of tips and guidelines for conversation starters, a list of notable living people of color, technology resources and books for teachers to use in the classroom as they model and scaffold multicultural relationship building amongst students. This SIP also seeks to answer the question “What are effective strategies for increasing parent engagement from …

Military Advisors, Service Strategies, And Great Power Competition, Mike Anderson

Journal of Strategic Security

United States professional military advisors play a critical role across the spectrum of conflict within the various services’ strategies in support of the overall National Defense Strategy. In an era of great power competition, the role of advisory forces within the shadow of large-scale conflict, provide a crucial edge for the US military services fulfilling their strategic role. Within each of the services’ unique strategies - the Army’s multidomain operations, the Marine Corps expeditionary advanced base operations nested within the Navy’s broader littoral operations in a contested environment, and the Air Force’s forward projecting agile basing concept - advisors from …

Book Review: Stick Figures Save The World: Drawing Simply To Share Jesus Well By Pam Arlund, Jason Lalonde

Great Commission Research Journal

No abstract provided.

The Art Of Patron Sainthood: St. Teresa, Santiago, And The Early Modern Spanish Empire, Laura Martin

Art History Theses and Dissertations

In 1618 and 1626, the Castilian Cortes, supported by the Spanish Crown, named Spaniard St. Teresa of Ávila as Spain’s co-patron saint. This declaration, supported by many cities in the empire, including Ávila, Salamanca, Valladolid, and Mexico City, was still opposed by many who saw this as an insult to the standing patron, St. James, called Santiago in Spanish. Historians have studied this period because it helps explain social, cultural, and political conflicts within the empire. However, the art of this period has not been studied in depth. This thesis examines the artistic production related to the so-called co-patronage, including …

Victorian Aestheticisms: Art And Ethics In Swinburne, Wilde, Morris, And Pater, Evan Leonhard

Honors Capstones

No abstract provided.

The Impact Of Music Expertise On Visual Working Memory And Word Identification, Ariel Conner

Honors Capstones

No abstract provided.

Assistive And Augmentative Communication: Ethics And Possibilities In Music Therapy With Non-Speaking Clients, Amanda Bursch

Honors Theses

Music therapy is a healthcare field wherein music experiences and the myriad relationships formed between client(s), board-certified music therapist(s), and music activates health-oriented changes (Bruscia, 2014). Within this field there are multiple facets that directly impact the client’s experiences; these include: arrangement of the therapy environment, role and function of music experiences, therapeutic relationships, and communication in verbal and non-verbal forms. However, there is a gap in the education and training of music therapists concerning alternatives to verbal communication, and the use of these alternatives in therapy. Through interviews and analysis, this thesis presents findings regarding the experiences of one …

Comparing Rates Of Acquisition Of Complex Tacts Utilizing 3d Objects, Picture Cards, And Video Stimuli, Maria G. Vargas Pineda

Thesis Projects

Despite vast research on Skinner’s (1957) Verbal Behavior, research on the effects of stimulus mediums remains limited (Cuvo & Klatt, 1992; Salmon et al. 1986; Welch & Pear; 1980; Gomez, 2015; Nelson, 2018) and results are mixed (Schebell et al., 2017, Mandel, 2020). Additionally, most studies utilize targets that are common, preferred, or age-appropriate (Bak et al., 2021). The current study aimed to evaluate the rates of acquisition when tact training using complex, uncommon tacts in participants with high Early Echoic Skills Assessment (EESA) levels. Three stimulus mediums were utilized: video, picture card, and 3D object. Participants’ acquisition rates varied …

Contextual Evidence For Title X Services Within The United States South, Center For Applied Reasearch And Evaluation In Women's Health, East Tennessee State University

Center for Applied Research and Evaluation (CARE) in Women's Health Issue Briefs

The purpose of this Policy Brief is to provide comprehensive contextual evidence for Title X services given the historical context and current policy landscape surrounding contraceptive care and access to services, particularly in the United States South.

Legal Violence And Restorative Justice, Julie Shackford-Bradley

UC Law SF Journal on Gender and Justice

No abstract provided.

Decoding Emotions Beyond Words: A Holistic View Of Multimodal Sentiment Analysis, Samyak Shrestha

IPHS 300: AI for Humanity

No abstract provided.