Digital Commons Network^™

Zero Progress On Zero-Days: How The Last Ten Years Created The Modern Spyware Market, Mailyn Fidler

Nebraska Law Review

Spyware makes surveillance simple. The last ten years have seen a global market emerge for ready-made software that lets governments surveil citizens and foreign adversaries alike and to do so more easily than when such work required tradecraft. The last ten years have also been marked by stark failures to control spyware and its precursors and components. This Article accounts for and critiques these failures, providing a socio-technical history since 2014, focusing on the conversation about trade in zero-day vulnerabilities and exploits and more recently spyware. This Article also applies lessons from these failures to guide regulatory efforts going forward. …

Unfair Discrimination Standards, Actuarial Fairness, And Insurers’ Use Of Big Data, Laura L. Arp

Nebraska Law Review

Technological innovations in insurance rating allow increasingly large sets of data about insureds to be collected, analyzed, and turned into rates. Consumers’ concerns about artificial intelligence can translate into mistrust that their insurance rates accurately reflect the risk they present. In response, regulatory frameworks are being developed for testing these new algorithms. When people encounter the word “discrimination,” they often register a meaning of “unfair discrimination.” However, in the insurance context, “discrimination” is a neutral term.

This Article attempts to unpack the multiple and complex facets present in the definition of unfair discrimination—and in particular proxy discrimination—as applied to insurance, …

Is West Virginia A Haven For Disabled Workers? An Evolving Story, James V. Koch, Robert M. Mcnab

Economics Faculty Publications

With a particular focus on West Virginia, this study utilizes state-level monthly panel data over 13 years (2010-2022) to examine the determinants of the rates of application of individuals for Social Security Administration disabled worker income payments (SSDI) and the initial recommendations of those applications for approval by the states. Application rates are particularly sensitive to the educational attainment of state populations and approval rates to economic conditions. However, in contrast to media coverage and public perceptions, both the number of applications for SSDI and approval rates have been declining nationally and in West Virginia.

The Federal Government’S Role As The Warden Of Immigrants, Pedro Gerson

Nebraska Law Review

This Essay examines the evolving landscape of immigration enforcement within the broader context of federal confinement in the United States. The current “crisis” at the southern border, characterized by historic levels of migrant influx and shifting political tides toward restrictionism, underscores the federal government’s increasing emphasis on confinement as a tool of migration control. Furthermore, this Essay argues the need to conceptualize federal confinement as a unified system encompassing both immigration detention and incarceration, which reveals the extent to which immigration has become a dominant factor in federal custody. Drawing on data and analysis, it demonstrates that immigration-related offenses now …

Heads Held High And Hands Holding Hope: The Victory And Vulnerabilities Of The Indian Child Welfare Act After Haaland V. Brackeen, Mikayla Jones

Nebraska Law Review

Congress enacted the Indian Child Welfare Act (ICWA) in 1978 to mitigate the catastrophic effects of the federal government’s longstanding policy of forcibly removing Indian children from their families and tribal communities. ICWA has safeguarded Indian children and families for decades by setting minimum standards in state child welfare proceedings to prevent unwarranted removals, support family preservation and reunification, and foster cultural and community connection.

However, ICWA has faced numerous legal challenges since its implementation—often on the theory that the law discriminates against Indian children on the basis of race in violation of the Equal Protection Clause. In 2023, the …

Using A Congressional-Executive Agreement To Protect Abortion At Home And Abroad, Amanda V. Landaverde

Nebraska Law Review

In the Supreme Court’s decision in Dobbs v. Jackson Women’s Health, the Court rejected the existence of a constitutional right to abortion and obliterated the only federal protection of abortion. Two years after the Court’s decision, Congress has not passed federal legislation protecting abortion, and our country has no national standard on abortion access. In the meantime, in states with draconian abortion restrictions, women are forced to wait until they are at death’s door before the state allows them to have an abortion. This occurs despite the majority of Americans supporting some form of abortion access.

Although potential legislation …

Public Lands In Private Hands: Corner-Crossing Is An Ominous Grey Area In Wyoming Law, Christian Moncrief

Nebraska Law Review

Corner-crossing is a tactic used by recreators in Western states with ample public land. Corner-crossing occurs when a recreator reaches a four-way junction of two corners of public land and two corners of private land and steps or climbs diagonally from one corner of public land to another. This practice frequently occurs in areas where public and private lands are interlocked in an alternating checkerboard pattern. Due to the millions of acres of corner-locked public land in Wyoming and the implications of this practice on private property rights, corner-crossing is an extremely pressing issue in Wyoming. The legality of corner-crossing …

Asset-Based Financing For Space Activities, Francesca Giannoni-Crystal

Journal of Air Law and Commerce

The space industry—whose numbers are already substantial—has undeniable potential for further growth. However, because it no longer consists of only multibillion-dollar companies, the industry needs access to traditional financing. Venture capital alone is insufficient. This Article discusses some difficulties for the space industry’s access to traditional—and especially asset-based—financing. Some are common to all space activities, while some exist only for novel space activities. These difficulties cover a broad range of legal, regulatory, and factual issues (including insurance). While the problems are difficult, ideas to solve them are plentiful, a number of which the paper discusses. The paper also presents ways …

Food And Drug Regulation: Statutory And Regulatory Supplement (2024), Adam I. Muchmore

Faculty Scholarship

This Statutory and Regulatory Supplement is intended for use with its companion casebook, Food and Drug Regulation: A Statutory Approach (2021). This is not a traditional statutory supplement. Instead, it contains selected, aggressively edited provisions of the Federal Food, Drug and Cosmetic Act (FFDCA), related statutes, and the Code of Federal Regulations. The Supplement includes all provisions assigned as reading in the casebook, as well as a few additional provisions that some professors may wish to cover. The excerpts are designed to be teachable rather than comprehensive.

A Benchmark Framework For Data Visualization And Explainable Ai (Xai), Murat Kuzlu, Gokcen Ozdemir, Umut Ozdemir

Engineering Technology Faculty Publications

This research introduces a benchmark framework, called EDUMX, designed for machine learning (ML)-based forecasting and XAI tasks, leveraging the Streamlit open-source Python library. The framework offers a comprehensive suite of functionalities, including data loading, feature selection, relationship analysis, data preprocessing, model selection, metric evaluation, training, and real-time monitoring. Users can easily upload data in diverse formats, explore relationships between variables, preprocess data using various techniques, and assess the performance of the ML model using customizable metrics. With its user-friendly interface, this framework offers invaluable insights for forecasting tasks in various domains, catering to the evolving needs of predictive analytics. EDUMX …

The Future Of Indigent Defense In South Dakota, Brooklyn Bollweg, Neil Fulton

South Dakota Law Review

No abstract provided.

Annual Report, Fiscal Year 2023-2024, Tennessee. Department Of Safety And Homeland Security

Annual Reports

This document is the annual report for the Tennessee Department of Safety and Homeland Security during the fiscal year.

El Ruiseñor Justiciero: El “Antimenendezpelayismo” De María Rosa Lida En La Filología Española Del Medio Siglo, Aurora Hermida-Ruiz

Latin American, Latino and Iberian Studies Faculty Publications

El impacto de María Rosa Lida en la filología hispánica del medio siglo ha sido evaluado en más de una ocasión, señaladamente a raíz de su temprana muerte en 1962, a la edad de 52 años, o con motivo de efemérides tales como el centenario de su nacimiento en 2010, o el doble cincuentenario de su muerte y de la publicación póstuma de su magnum opus, La originalidad artística de La Celestina en 2012. De una manera u otra, la crítica coincide en presentarla como una rara avis, destacando casi siempre como excepcionales tres aspectos de su actuación y de …

A Imprensa ‘Para Mulheres’: Possível Roteiro De Leitura, Mariela Méndez

Latin American, Latino and Iberian Studies Faculty Publications

"É impassível pensar na imprensa dita feminina no Brasil sem ancorar a reflexão nas ideias, nos conceitos e nas trajetórias apontadas nos dais livros da pesquisadora Dulcilia Buitoni, marcos na história e na análise desse tipo de produção editorial. Nos estudos Mulher de papel: a representação da mu/her pela imprensa feminina brasileira (Buitoni, 1981; 2009) e Imprensa feminina (1986), Buitoni mapeia tanto o percurso da imprensa feminina no Brasil quanto seus atributos. Apoiada na obra clássica da francesa Evelyne Sullerot, a brasileira faz questão de diferenciar a imprensa feminina da imprensa feminista, embora reconheça que a imprensa feminina moderna tenha …

A Framework For Supporting Teacher Development And Progression: Identifying Conditions To Support Teaching Interns And Early Career Teachers, Sandi Fielder, Chad M. Morrison, Susan Ledger, Peter R. Whipp

Australian Journal of Teacher Education

Early career teacher retention and progression are complex issues which inform discourse about and review of pre-service teacher preparation. Debate about how to best connect pre-service teachers’ theoretical learning about teaching to practical application and reflection within the classroom (praxis) is ever-present within this dialogue. Extended teaching internship is identified as effective for connecting these elements of learning to teach, through sustained placement activity situated within supportive school environments. These extended experiences are located within communities of practice and facilitate ongoing reflection on transitions from pre-service to early career teaching. The mixed methods research reported here focused on participants’ retrospective …

Friend Or Foe: Preservice Teachers’ Experience Of Teaching While Studying, Marion Sturges, Jaydene Barnes, Jacqueline Humphries

Australian Journal of Teacher Education

The current teacher shortage across Australia is significant. Various stakeholders have contributed to the discourse around this shortage, and different solutions have been implemented, including using conditionally accredited preservice teachers to fill the gaps. However, the voices of these preservice teachers have been largely missing from conversations. In this small-scale study, a survey was used to gather insights from preservice teachers at one university about their experiences of working as teachers while simultaneously completing their teaching degrees. The preservice teacher participants enthusiastically shared their thoughts on the benefits and challenges of combining teaching with studying. A thematic analysis of the …

What Do You Know About Adhd? A Comparison Between Mainstream And Special Education Teachers, Sigal Eden, Nufar Sukenik

Australian Journal of Teacher Education

This study investigates the knowledge and attitudes toward Attention-deficit/hyperactivity disorder (ADHD) among a large cohort of mainstream and special education in-service teachers in Israel. Given the pivotal role of teachers in identifying and managing ADHD symptoms within the classroom, it is crucial to ensure they possess adequate knowledge and positive attitudes toward the disorder. Previous studies have indicated a gap in knowledge and attitudes between mainstream and special education teachers, often influenced by factors such as teacher training, personal experience, and demographic characteristics. This study addresses these gaps by utilizing the well-validated ASKAT questionnaire to provide a comprehensive assessment of …

Investigating Western Australian Teacher Perceptions Of Young Children’S Challenging Behaviour In The Early Years (Kindergarten To Year 2): An Exploratory Analysis., Gillian Smith, Kay Ayre, Helen Egeberg

Australian Journal of Teacher Education

An upward national trend in challenging behaviour amongst young children in Australian schools has prompted widespread concern and garnered frequent media scrutiny. Scholars have established that child-teacher relationships are central to understanding and mitigating challenging behaviour; however, exploration of teacher perceptions of children's challenging behaviour in the early years has been scant. This paper reports on findings drawn from a larger mixed-methods study of how teachers perceive, and respond to, young children’s challenging behaviour. Survey data from 111 Western Australian teachers of Kindergarten to Year 2 showed that challenging behaviour is appraised contextually, and relational pedagogy is valued. The analysis …

Meta V Bundeskartellamt: A Double-Edged Sword For Consumer Protection, Adrianus Van Heusden, Larisa Munteanu

International Journal on Consumer Law and Practice

Although consumers and data subjects do not always overlap in the European Union, the fields of data protection and consumer law are increasingly intertwined. Within this case note, one of the most impactful and recent decisions of the Court of Justice of the European Union will be analysed. Case C-252/21 will be examined through the lens of consumers using social networks in the digital age, additionally making references to the ‘take it or leave it’ and ‘cash for privacy exchange’ concepts identified by the doctrine in the field. Innovatively, this commentary will present a distinct and atypical opinion related to …

Mississippi State University Libraries Strategic Plan 2024-2028: Public Version, Stephen H. Cunetto, Lauren Geiger, Pattye R. Archer, Simon C. Marcy, Emily D. Harrison, Amanda Carlock, Blair Booker, Danny D. Davis, Kate Gregory, Julie D. Shedd, Rhiannon Seal

Library Assessment and Statistics

This document serves as the 2024-2028 Strategic Plan for the Mississippi State University Libraries. This version is summarized and arranged for public consumption.

2023-2024 Annual Report, Society Of American Archivists Student Chapter

Annual Reports

The 2023-2024 Annual Report records the activities of the San Jose State University Society of American Archivists Student Chapter (SAASC). The report lists SAASC members who are also individual members of SAA, provides a summary of the chapter’s events for the year, and updates to chapter outreach and visibility. The report also includes information on the publication of Archeota, the SAASC open source digital publication.

The Personal Is Political: School Board Members’ Motivation For School Governance, Andrew Lobdell

Dissertations of Practice

Understanding the motivation behind school board members' governance is crucial for ensuring the effectiveness of public schools. This research aims to analyze the motivations of five newly elected board members and compare them with past research on governance and motivation. The leadership qualities of school superintendents also impact governance and can influence board members' motivations for running and serving their communities. Similarly, board members' motivations can affect how superintendents lead their districts and prioritize different topics. The research is divided into three papers. Paper 1 reviews existing literature and is organized into three distinct sections that explore school board governance, …

Being A Leader: Exploring Generation Z Students’ Conceptualizations Of And Engagement In Leadership In College, Zachary G. Birch

Dissertations of Practice

Colleges and universities have always helped students learn leadership skills. As Generation Z college students began to enter institutions of higher education, there had been a noted shift in how they were engaging in traditional leadership organizations. This phenomenological research examines the essence of how Generation Z thinks about and gets involved with leadership on campuses. This study interviewed eight participants from across the United States, talking about how they think about the concept of leadership and why they choose to engage. What was discovered in this research as a phenomenon noted as the “Four Commitments to Student Leadership.” These …

Latino Students' Perceptions Of Belonging And Inclusion Of The Recruitment Strategies And Marketing Materials At An Emerging Hispanic Serving Institution, Julie Wiejak

Dissertations of Practice

Latino students are the fastest-growing minority enrolling in higher education institutions. If higher education institutions want to recruit, attract, and retain Latino students, they must create a recruitment marketing strategy that highlights inclusion for these students on their campuses. Therefore, the purpose of this critical visual qualitative case study is to understand the perceptions Latino students have of marketing materials at a four-year emerging Hispanic Serving Institution (HSI) as those materials relate to inclusion and access. The research site for this study was a regional public four-year institution named North Calumet University (NCU), which is an emerging HSI. The conceptual …

Understanding School Financial Administrator’S Sphere Of Influence And Perception Of Role In Decision-Making Through A Comprehensive Review Of Historical, Legal, Philosophical, And Practice Perspectives On Local Decision-Making And Resource Allocation, Jacquelyn M. Bogan

Dissertations of Practice

UNDERSTANDING SCHOOL FINANCIAL ADMINISTRATOR’S SPHERE OF INFLUENCE AND PERCEPTION OF ROLE IN DECISION-MAKING

THROUGH A COMPREHENSIVE REVIEW OF HISTORICAL,

LEGAL, PHILOSOPHICAL, AND PRACTICE PERSPECTIVES

ON LOCAL DECISION-MAKING AND RESOURCE

ALLOCATION

Jacquelyn Bogan, Ed.D.

Department of Educational Leadership, Educational Psychology and Foundations

Northern Illinois University, 2024

Benjamin Creed, Director

Public education in the United States is a multilayered endeavor with complex governance and oversight from federal, state, and local agencies. While there is involvement across all levels, local school districts have a significant degree of control in decision-making regarding resource allocation. Public education has undergone legal, economic, and philosophical changes since …

To Speak Or Not To Speak: Institutional And Presidential Statements In Response To Community Crisis Events, Kimberly L. Caponi

Dissertations of Practice

To Speak or Not to Speak: Institutional and Presidential Statements in Response to Community Crisis Events

Kimberly L. Caponi, Ed.D.

Department of Counseling and Higher Education

Northern Illinois University

Carrie Kortegast, Director

The purpose of this case study was to understand the decision-making process of community college leaders in issuing institutional responses to community crisis incidents. During 2020-2021, in addition to the global COVID-19 pandemic, there were several high-profile racialized incidents that sparked calls for action and a racial reckoning. The research explored the decision-making process and experience of leaders in response to the murder of George Floyd. Five themes …

College Freshman Or College Junior? A Phenomenology Of The Experiences Of Dual-Enrolled Students Who Complete An Associate’S Degree While In High School And Attend A Public 4-Year University, Shari K. Ruehling

Dissertations of Practice

ABSTRACT COLLEGE FRESHMAN OR COLLEGE JUNIOR? A PHENOMENOLOGY OF THE EXPERIENCES OF DUAL-ENROLLED STUDENTS WHO COMPLETE AN ASSOCIATE’S DEGREE WHILE IN HIGH SCHOOL AND ATTEND A PUBLIC 4-YEAR UNIVERSITY

Dual enrollment opportunities in the United States continue to grow with more students completing college credentials such as degrees, diplomas and certificates while in high school. Some states, such as Iowa, lead the way in dual enrollment participation and credential completion while in high school. Many quantitative studies have shown positive graduation, retention, and completion rates among dual-enrolled students. However, there is a lack of qualitative research on the transition experiences …

Skubitz, Joseph Collection, Special Collections And Archives

Finding Aids

Joe Skubitz was born on May 6, 1907 in Frontenac, Kansas. He attended Girard High School, graduating in 1926 and then attended the Kansas State Teachers College, now Pittsburg State University. He received bachelor’s and master’s degrees while working in public education, and in 1946 received a law degree from George Washington Law School. Skubitz ran for office in 1962 and represented the 5^th District of Kansas as a Republican from 1963 to 1979. Among the things he worked towards were benefits for miners suffering from black lung, and to have the old fort at Fort Scott named a …

The Introduction And Spread Of Kudzu In Georgia, Ingrid E. Baker, Albert Way

The Kennesaw Journal of Undergraduate Research

Kudzu’s popularity in Georgia was born of necessity; the economic ravages of the Great Depression together with persistent soil erosion and depletion had left Georgia’s farmers in need of a thrifty solution. Kudzu’s nitrogen-enriching leguminous properties, along with its success as an inexpensive grazing crop, made it an attractive solution to Georgia’s agricultural woes. Channing Cope, through his radio program and regular contributions to the Atlanta Constitution, was among kudzu’s most ardent defenders. Cope’s charisma and enthusiasm helped to popularize the vine among farmers and laymen alike. At the federal level, the Soil Conservation Service (SCS) financially incentivized farmers to …

Using A Degree-Based Network Model To Understand And Control Traffic Jams In The Atlanta Metropolitan Area, Ian Salamone-Lent, Theresa Washington, Asma Azizi

The Kennesaw Journal of Undergraduate Research

Traffic congestion is an enduring problem for major metropolitan areas, such as Atlanta, GA. Our goal is to understand the nature of traffic congestion patterns in the highway system of Cobb County in Atlanta, GA. We created a road network representative of the Cobb County highway system and then superimposed a degree-based SIR model to simulate traffic congestion on that network. The model’s parameters, propagation and dissipation rates, were estimated using empirical traffic data, which are vehicles’ speed time series and speed limit of each road in the network. We then conducted a local sensitivity analysis of the model’s key …