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Biden V. Nebraska: The New State Standing And The (Old) Purposive Major Questions Doctrine, Jed Handelsman Shugerman Jan 2023

Biden V. Nebraska: The New State Standing And The (Old) Purposive Major Questions Doctrine, Jed Handelsman Shugerman

Faculty Scholarship

Chief Justice Roberts’s majority opinion in Biden v. Nebraska does not sufficiently explain how Missouri has standing under established Article III doctrine, nor how the Court approaches the major questions doctrine as a method of statutory interpretation. Clarification can come from other opinions, even other cases entirely, in which Justice’s counterarguments are suggestive of the real arguments underlying the decisions.

MOHELA may have faced a concrete injury from the student debt waiver, but there was no evidence that Missouri would – and the majority had no answer for how Missouri had standing without an injury. A debate over special state …


Digital Solutions Observed In Clinical Trials: A Formative Feasibility Scoping Review, Taylor M Harrison, Sungrim Moon, Liwei Wang, Sunyang Fu, Hongfang Liu Jan 2023

Digital Solutions Observed In Clinical Trials: A Formative Feasibility Scoping Review, Taylor M Harrison, Sungrim Moon, Liwei Wang, Sunyang Fu, Hongfang Liu

Faculty, Staff and Student Publications

Growing digital access accelerates digital transformation of clinical trials where digital solutions (DSs) are increasingly and widely leveraged for improving trial efficiency, effectiveness, and accessibility. Many factors impact DS success including technology barriers, privacy concerns, or user engagement activities. It is unclear how those factors are considered or reported in the literature. Here, we perform a formative feasibility scoping review to identify gaps impacting DS quality and reproducibility in trials. Articles containing digital terms published in English from 2009 to 2022 were collected (n=4,167). 130 articles published between 2016 and 2022 were randomly selected for full-text review. Eligible articles (n=100) …


Dental Claires: Contrastive Language Image Retrieval Search For Dental Research, Tanjida Kabir, Luyao Chen, Muhammad F Walji, Luca Giancardo, Xiaoqian Jiang, Shayan Shams Jan 2023

Dental Claires: Contrastive Language Image Retrieval Search For Dental Research, Tanjida Kabir, Luyao Chen, Muhammad F Walji, Luca Giancardo, Xiaoqian Jiang, Shayan Shams

Faculty, Staff and Student Publications

Learning about diagnostic features and related clinical information from dental radiographs is important for dental research. However, the lack of expert-annotated data and convenient search tools poses challenges. Our primary objective is to design a search tool that uses a user's query for oral-related research. The proposed framework,


Habits Of Mind: Designing Courses For Student Success, Julia M. Gossard, Chris Babits, Jennifer Grewe, Cree Taylor, Doris Mcgonagill, Missy Kofoed, Leonard Henderson, Travis Thurston, Mehmet Soyer, Gonca Soyer, Josie Tollefson, Nichelle Frank, Matthew D. Laplante, Jessie Koltz, Jenifer Evers, Kimberly Hiatt, Kelsey Bushman, Heather Lyman, Sarah Gosney, Melanie Chambers, Sharon Lyman, Antje R. H. Graul, Ayse Sapci, Raymond Veon, Jason Twede, Rachel Robison-Greene, Sarah Tulane, Joyce Kinkead, John Draeger, Jill K. Singer, Ekaterina Arshavskaya, Rachel Turner, Karin Dejonge-Kannan Jan 2023

Habits Of Mind: Designing Courses For Student Success, Julia M. Gossard, Chris Babits, Jennifer Grewe, Cree Taylor, Doris Mcgonagill, Missy Kofoed, Leonard Henderson, Travis Thurston, Mehmet Soyer, Gonca Soyer, Josie Tollefson, Nichelle Frank, Matthew D. Laplante, Jessie Koltz, Jenifer Evers, Kimberly Hiatt, Kelsey Bushman, Heather Lyman, Sarah Gosney, Melanie Chambers, Sharon Lyman, Antje R. H. Graul, Ayse Sapci, Raymond Veon, Jason Twede, Rachel Robison-Greene, Sarah Tulane, Joyce Kinkead, John Draeger, Jill K. Singer, Ekaterina Arshavskaya, Rachel Turner, Karin Dejonge-Kannan

Habits of Mind

Although content knowledge remains at the heart of college teaching and learning, forward-thinking instructors recognize that we must also provide 21st-century college students with transferable skills (sometimes called portable intellectual abilities) to prepare them for their futures (Vazquez, 2020; Ritchhart, 2015; Venezia & Jaeger, 2013; Hazard, 2012). To “grow their capacity as efficacious thinkers to navigate and thrive in the face of unprecedented change” (Costa et al., 2023), students must learn and improve important study skills and academic dispositions throughout their educational careers. If we do not focus on skills-building in college courses, students will not be prepared for the …


Chapter 4- With Sustainability In Mind: Twelve Habits Of Mind For A Successful Learning Experience In The Second-Language Classroom And Beyond, Doris Mcgonagill Jan 2023

Chapter 4- With Sustainability In Mind: Twelve Habits Of Mind For A Successful Learning Experience In The Second-Language Classroom And Beyond, Doris Mcgonagill

Habits of Mind

When Art Costa and Bena Kallick first developed their Habits of Mind framework, they conceived of their approach as a contribution to sustainable and ethical learning. The dedication opening in all four volumes of Habits of Mind: A Developmental Series is explicit about this trajectory: “Native peoples teach that the ultimate norm for morality is the impact our choices have on persons living seven generations from now. If the results appear good for them, then our choices are moral ones; if not, they are immoral. We therefore dedicate Habits of Mind: A Developmental Series to our children, our grandchildren, and …


Chapter 20- Service-Learning And Community-Engaged Projects For International And Domestic Students, Ekaterina Arshavskaya Jan 2023

Chapter 20- Service-Learning And Community-Engaged Projects For International And Domestic Students, Ekaterina Arshavskaya

Habits of Mind

It’s a good idea to help the local community by sharing something from our cultures and support each other as well. It really makes a big difference for all.

An anonymous student comment, spring 2020

Reflecting on my years of teaching, one of my most gratifying and powerful memories as an educator deals with developing a sense of community and belonging in my students. More generally, higher education instructors have come to understand the value of community building and creating a sense of belonging in various areas of our lives and for different populations in diverse teaching contexts (Hoffman et …


Chapter 9- "I'M Just Not Good At History": Fostering A Growth Mindset With Habits Of Mind, Julia M. Gossard Jan 2023

Chapter 9- "I'M Just Not Good At History": Fostering A Growth Mindset With Habits Of Mind, Julia M. Gossard

Habits of Mind

One of the most common frustrations I hear from students in my large-enrollment history survey, HIST 1110: European History from 1500, is that they have “never been good at history.” Having taken numerous history courses during their K–12 education, many of which have focused on the rote memorization of dates, names, and facts about the past, students can arrive to HIST 1110 with an apathetic—or even a negative—disposition toward history as an academic discipline. They were not able to remember historical details in past learning environments, so would a college history course be any different?


Fleeing The Land Of The Free, Jayesh Rathod Jan 2023

Fleeing The Land Of The Free, Jayesh Rathod

Scholarly Articles in Law Reviews & Journals

This Essay is the first scholarly intervention, from any discipline, to examine the number and nature of asylum claims made by U.S. citizens, and to explore the broader implications of this phenomenon. While the United States continues to be a preeminent destination for persons seeking humanitarian protection, U.S. citizens have fled the country in significant numbers, filing approximately 14,000 asylum claims since 2000. By formally seeking refuge elsewhere, these applicants have calculated that the risks of remaining in the United States outweigh the bundle of rights that accompany U.S. citizenship. Given the United States’ recent flirtation with authoritarianism, and the …


Trademarks In An Algorithmic World, Christine Farley Jan 2023

Trademarks In An Algorithmic World, Christine Farley

Scholarly Articles in Law Reviews & Journals

According to the sole normative foundation for trademark protection—“search costs” theory—trademarks transmit useful information to consumers, enabling an efficient marketplace. The marketplace, however, is in the midst of a fundamental change. Increasingly, retail is virtual, marketing is data-driven, and purchasing decisions are automated by AI. Predictive analytics are changing how consumers shop. Search costs theory no longer accurately describes the function of trademarks in this marketplace. Consumers now have numerous digital alternatives to trademarks that more efficiently provide them with increasingly accurate product information. Just as store shelves are disappearing from consumers’ retail experience, so are trademarks disappearing from their …


An Examination Of Factors Impacting Home-School Collaboration In Head Start Populations, Madison Mei-Mei Yee Jan 2023

An Examination Of Factors Impacting Home-School Collaboration In Head Start Populations, Madison Mei-Mei Yee

Theses and Dissertations--Educational, School, and Counseling Psychology

Two essential pillars in a preschool-age student’s life include their caregiver and their teacher. In turn, it is unsurprising that a more cohesive relationship between these two figures can promote better wellbeing, academic skills, and overall developmental growth in young children. Unfortunately, a multitude of barriers impede home-school collaboration, such as socioeconomic status, non-English speaking households, and caregiver mental health, just to name a few. Head Start, a federally funded preschool program, targets underserved populations who often relate to these named barriers. Head Start works out of the Parent, Family, and Community Engagement (PFCE) Framework, a framework specifically geared toward …


When “Riot” Is In The Eye Of The Beholder: The Critical Need For Constitutional Clarity In Riot Laws, Nancy C. Marcus Jan 2023

When “Riot” Is In The Eye Of The Beholder: The Critical Need For Constitutional Clarity In Riot Laws, Nancy C. Marcus

Faculty Scholarship

In the twenty-first century, American streets are frequently filled with passionate protest and political dissent. Protesters of diverse backgrounds range from those waving flags or lying on the ground to re-enact police killings to those carrying lit torches or hand-made weapons. This Article addresses how, as between such groups, it may initially seem clear which has a propensity to engage in violent riots, but too often, “rioter” is in the eye of the beholder, with those both regulating and reporting on riots defining the term inconsistently. And ironically, while police brutality is often the subject of protests, non-violent protesters who …


Square Peg Frauds, Miriam H. Baer Jan 2023

Square Peg Frauds, Miriam H. Baer

Faculty Scholarship

The square-peg fraud is a kind of case that until very recently enjoyed the widespread support of prosecutors, jurists, and the general public. Rather than punishing a scheme that rids a victim of her money or property, the square-peg prosecution has long focused on deprivations of intangible property. For years, enforcement actors have employed this concept to pursue innumerable varieties of corruption.

Nowhere has the square peg been more essential than in the government’s prosecution of higher education scandals. From the Varsity Blues parents who wrongfully secured elite college slots for their children, to the business school dean who shaped …


Incog 2.0 Guidelines For Cognitive Rehabilitation Following Traumatic Brain Injury, Part Iv: Cognitive-Communication And Social Cognition Disorders, Leanne Togher, Jacinta Douglas, Lyn S. Turkstra, Penny Welch-West, Shannon Janzen, Amber Harnett, Mary Kennedy, Ailene Kua, Eleni Patsakos, Jennie Ponsford, Robert Teasell, Mark Theodore Bayley, Catherine Wiseman-Hakes Jan 2023

Incog 2.0 Guidelines For Cognitive Rehabilitation Following Traumatic Brain Injury, Part Iv: Cognitive-Communication And Social Cognition Disorders, Leanne Togher, Jacinta Douglas, Lyn S. Turkstra, Penny Welch-West, Shannon Janzen, Amber Harnett, Mary Kennedy, Ailene Kua, Eleni Patsakos, Jennie Ponsford, Robert Teasell, Mark Theodore Bayley, Catherine Wiseman-Hakes

Communication Sciences and Disorders Faculty Articles and Research

Introduction:

Moderate to severe traumatic brain injury causes significant cognitive impairments, including impairments in social cognition, the ability to recognize others' emotions, and infer others' thoughts. These cognitive impairments can have profound negative effects on communication functions, resulting in a cognitive-communication disorder. Cognitive-communication disorders can significantly limit a person's ability to socialize, work, and study, and thus are critical targets for intervention. This article presents the updated INCOG 2.0 recommendations for management of cognitive-communication disorders. As social cognition is central to cognitive-communication disorders, this update includes interventions for social cognition.

Methods:

An expert panel of clinicians/researchers reviewed evidence published since …


A Puerto Rican Diasporic Study In Central Florida, Chelsea Vélez Jan 2023

A Puerto Rican Diasporic Study In Central Florida, Chelsea Vélez

Electronic Theses and Dissertations, 2020-2023

This study seeks to explicate the intercultural experiences of Puerto Ricans within the diaspora of Central Florida. Specifically, the navigation of communication behaviors among intergroup and outgroup behaviors as Puerto Rican individuals acculturate into the area. This study utilizes communication accommodation theory as its basis to understand integration into a host culture and the impacts on socio-cultural communication behaviors. Findings show the importance of studying diasporic communities as they develop such as that of the Puerto Rican community in Central Florida because it situates the reality of an individual and groups sense of identity in a new cultural context. This …


Redefining Refugee Resettlement: Repairing The Cracks In The Pathway To The American Dream, Chasyty L. Escobar Jan 2023

Redefining Refugee Resettlement: Repairing The Cracks In The Pathway To The American Dream, Chasyty L. Escobar

Western New England Law Review

Once the world leader in refugee resettlement, the United States has slowly but steadily obliterated its refugee resettlement program. Millions of people around the globe have been forced to seek refuge from violence and persecution in their native countries. The international consequences of the refugee crisis threaten economic stability and security.

This Note will outline the history and development of refugee resettlement in the United States from Ellis Island to the present, including an overview of the various government agencies and organizations involved in refugee resettlement. Through an in-depth analysis of the political, structural, and financial issues the country faces …


Stories Of Midwest Higher Education Public Safety Administrators, The Clery Act, And Keeping Campuses Safe, Bryant Jackson Jan 2023

Stories Of Midwest Higher Education Public Safety Administrators, The Clery Act, And Keeping Campuses Safe, Bryant Jackson

Dissertations and Theses

The purpose of this narrative inquiry qualitative analysis study is to examine the lived experiences of Midwest higher education public safety administrators regarding the Clery Act. Since 1990 when the Clery Act became law, higher education public safety administrators have been required to implement this law at their institutions. While research on the Clery Act has been limited, it is critical to examine the lived experiences of those tasked with its implementation and compliance. Three themes were identified when examining the lived experiences of the Midwest public safety administrators experiences with the Clery Act. The first theme explored overall impressions …


The President's Approval Power, Christine Kexel Chabot Jan 2023

The President's Approval Power, Christine Kexel Chabot

Fordham Law Review

This Essay introduces the President’s approval power as it was originally understood in the United States. Leading proponents of a unitary executive President have asserted that the President’s absolute power to control subordinate officers includes power to veto or approve subordinates’ discretionary actions before they take effect. This Essay reconsiders the approval power’s purportedly unitary function and presents previously overlooked evidence of the originalist foundations of a presidential approval power. My comprehensive analysis of every public act passed by the First Congress shows that the founding generation never understood Article II to grant the President general authority to approve subordinates’ …


Community Health Workers In Rural Palliative Care: A Mixed Method Exploration Of The South Dakota Context, Angela Beth Kroeze Visser Jan 2023

Community Health Workers In Rural Palliative Care: A Mixed Method Exploration Of The South Dakota Context, Angela Beth Kroeze Visser

Dissertations and Theses

Rural communities in the United States face challenges in providing palliative care due to the limited number of providers and the distances patients must travel to access services. Community health workers (CHWs) are community members who provide a connection between communities and health or social services providers and offer a potential innovation as members of palliative care teams to expand connections to palliative care services. However, there is little known about how CHWs are integrated into palliative care teams and whether palliative care providers and advocates would view this innovation as feasible, acceptable, and appropriate for the rural palliative care …


Culturally Responsive Mental Health: Providing For Midwestern Hispanic/Latinx Communities, Sara Leila Zare Jan 2023

Culturally Responsive Mental Health: Providing For Midwestern Hispanic/Latinx Communities, Sara Leila Zare

Dissertations and Theses

Hispanic/Latinx communities face a troubling number of barriers in accessing mental health services. Many difficulties associated with access have been studied within urban communities across the southern and western regions of the United States. However, over the past two decades, the Midwest has become a geographical location where this ethnic group has and will continue to see exponential growth. Unfortunately, adequate mental health services for the growing population within this geographic region are scarce. Additionally, more rural areas of the Midwest are heavily impacted by a lack of adequate mental health care services. The barriers that exist to access mental …


Chapter 19- "I See Research Questions Everywhere": Developing Metacognitive Skills In An English-Major Research Methods Course, Joyce Kinkead, John Draeger, Jill K. Singer Jan 2023

Chapter 19- "I See Research Questions Everywhere": Developing Metacognitive Skills In An English-Major Research Methods Course, Joyce Kinkead, John Draeger, Jill K. Singer

Habits of Mind

How many ways can sticky notes—branded as Post-it Notes and introduced in 1980 by 3M—be used by college students? According to the undergraduate who investigated this topic, 31. In the report she produced as a result of a study conducted in English 3470: Approaches to Research in English Studies, the researcher found that “many stationery products have died with advancements in technology, but the Post-it Note has thrived and continues to play a role in productivity in the workplace, continuing at the top of the supply list” (Eralie, 2019). To come to this magic number of 31, Megan conducted a …


Introduction And References, Julia M. Gossard, Chris Babits Jan 2023

Introduction And References, Julia M. Gossard, Chris Babits

Habits of Mind

Although content knowledge remains at the heart of college teaching and learning, forward-thinking instructors recognize that we must also provide 21st-century college students with transferable skills (sometimes called portable intellectual abilities) to prepare them for their futures (Vazquez, 2020; Ritchhart, 2015; Venezia & Jaeger, 2013; Hazard, 2012). To “grow their capacity as efficacious thinkers to navigate and thrive in the face of unprecedented change” (Costa et al., 2023), students must learn and improve important study skills and academic dispositions throughout their educational careers. If we do not focus on skills-building in college courses, students will not be prepared for the …


Supporting Multilingual Learners’ Reading Competence: A Multiple Case Study Of Teachers’ Instruction And Student Learning And Motivation, Melissa A. Gallagher, Jori S. Beck, Erin M. Ramirez, Ana Taboada Barber, Michelle M. Buehl Jan 2023

Supporting Multilingual Learners’ Reading Competence: A Multiple Case Study Of Teachers’ Instruction And Student Learning And Motivation, Melissa A. Gallagher, Jori S. Beck, Erin M. Ramirez, Ana Taboada Barber, Michelle M. Buehl

Education and Leadership Faculty Publications and Presentations

Supporting students’ reading competence (i.e., their comprehension and vocabulary) is complex, particularly when working with multilingual learners, and involves implementing instructional practices to support their behavioral engagement in reading as well as their reading motivation. The purpose of this mixed methods case study was to examine changes in multilingual learners’ reading comprehension, academic vocabulary, reading engagement, and reading motivation after participating in a 7-week intervention called United States History for Engaged Reading (USHER) and then examine qualitative data to explain why these changes may have occurred. We found changes in the reading comprehension of MLs across all four teachers’ classes, …


Csusb Libraries' Banned Books Discussion Series - Student Interviews, California State University - San Bernardino Jan 2023

Csusb Libraries' Banned Books Discussion Series - Student Interviews, California State University - San Bernardino

CSUSB Sound and video recordings

No abstract provided.


Substance Use And Trauma Among Adult Education Students In The United States, Brittany Miller-Roenigk, Michael Awad, Maria C. Crouch, Derrick M. Gordon Jan 2023

Substance Use And Trauma Among Adult Education Students In The United States, Brittany Miller-Roenigk, Michael Awad, Maria C. Crouch, Derrick M. Gordon

Educational, School, and Counseling Psychology Faculty Publications

Adult basic education (ABE) programs in the United States serve millions of students annually to help them achieve high school equivalency, English proficiency, and other skills. These skills are necessary for upward mobility and competitiveness in the labor market, which is important for ABE students who are disproportionately affected by racial/ethnic disparities and poverty. Among learners who are not in ABE programs, substance use and trauma affect student outcomes. Similar research is limited among ABE students. Understanding the influence of these factors among ABE students can better inform interventions. The current study, grounded in Stress and Coping Theory, examined rates, …


Cyborgs, Dolls And Passing Narratives: Trans-Femininity In Popular Music, Quinn J. Troia Jan 2023

Cyborgs, Dolls And Passing Narratives: Trans-Femininity In Popular Music, Quinn J. Troia

Lewis Honors College Thesis Collection

The Cyborg is a figure that has been used by feminist scholars as a metaphor for feminist issues and transgender identity because the embodiment of both transgender people and cyborgs challenges binary understandings of male/femaleness and human/nonhumanness respectively. This comparison has also suggested the potential of reading cyborgs as passing figures who attempt to perform normative social identities; however, scholarship analyzing Cyborg figures has not explored this in ways that are specific to trans-feminine people. By combining contributions from the theory of gender performativity and research on transgender linguistic practices and identity construction, I perform a visual and textual analysis …


Itihas Vol. 23 Issue No. 1, Sastra Univ Jan 2023

Itihas Vol. 23 Issue No. 1, Sastra Univ

ITIHAS

NEWSLETTER FROM SASTRA DEEMED UNIVERSITY


Northeastern Illinois University, Academic Catalog 2023-2024, Northeastern Illinois University Jan 2023

Northeastern Illinois University, Academic Catalog 2023-2024, Northeastern Illinois University

Course Catalogs

No abstract provided.


Pretext, Reality, And Verisimilitude: Truth-Seeking In The Supreme Court, Robert N. Weiner Jan 2023

Pretext, Reality, And Verisimilitude: Truth-Seeking In The Supreme Court, Robert N. Weiner

University of Michigan Journal of Law Reform

The assault on truth in recent public discourse makes it especially important that judicial decisions about Executive actions reflect the world as it is. Judges should not assume some idealized reality where good faith prevails, the motives of public officials are above reproach, and administrative processes are presumptively regular. Unfortunately, however, the Supreme Court has acted on naïve or counterfactual assumptions that limit judicial review of administrative or Presidential action. Such intentional judicial blindness or suspension of justified disbelief—such lack of verisimilitude—can sow doubt regarding the Court’s candor and impartiality.

In analyzing the Court’s fealty to objective reality in its …


Donald R. Kelley (1931-2023), Michael C. Carhart Jan 2023

Donald R. Kelley (1931-2023), Michael C. Carhart

History Faculty Publications

No abstract provided.


Polysemy And The Law, Daniel J. Hemel Jan 2023

Polysemy And The Law, Daniel J. Hemel

Faculty Articles

Polysemy — the existence of multiple related meanings for the same word or phrase — is a frequent phenomenon in legal and lay language. Although polysemy sometimes arises by accident, it also can be strategic: framers of legal rules can advance private and public interests by assigning meanings to terms that are different from — though connected to — the meanings that those terms carry outside the law. Understanding the functions of polysemy can help us design more effective legal rules and can shed light on ways in which legal actors translate language into power. This Article undertakes a comprehensive …