Digital Commons Network^™

Harnessing Hypocrisy: A Crack In The Supreme Court’S Colorblindness Mask, Zamir Ben-Dan

Cardozo Law Review de•novo

This Essay contends that the Supreme Court’s denial of certiorari in Harness v. Watson stands as a testament to its hypocrisy. The day after the Court professed an allegiance to promoting racial equality in Students for Fair Admissions, Inc. v. President and Fellows of Harvard College, it refused to even consider invalidating a clear barrier to racial equality. The day after the Court struck down a remedy designed to address a long, sad, and painful history of racism, the Court left undisturbed an obvious symbol of this long, sad, and painful history of racism. When juxtaposed against both the denial …

Corn War: A Trade Fight Between The United States And Mexico, Ernesto Hernández-López

Cardozo Law Review de•novo

An international fight grows over corn. The United States claims that México’s ban on genetically modified (GMO) corn violates the United StatesMexico-Canada Agreement (USMCA). México prohibits GMO corn for human consumption. American arguments focus on Sanitary and Phytosanitary (SPS) measures, covered in Chapter 9 of the USMCA. A trade panel will review these.

This Essay first describes SPS arguments and relevant trade rules. The United States’ complaints emphasize that México’s ban is excessive, is not consistent with international standards, and mishandles risks. Second, the Essay identifies the obstacles American positions face: weak mandates and deference to México. Chapter 9 of …

Professional Norms At A Crossroads: Farhane And Its Implications For Legal Counsel, Hayley Sandoval

Cardozo Law Review de•novo

This Note examines the right to effective assistance of counsel during guilty pleas through the lens of the pending Second Circuit case Farhane v. United States. This case will have significant implications for the right to effective legal representation, particularly in terms of defense attorneys’ duty to warn clients of the potential risk of denaturalization as a consequence of pleading guilty. In May 2024, the court reheard Farhane en banc and will issue a decision later this year. If this opinion aligns with the court’s initial decision, it will severely limit the rights of all defendants in criminal proceedings in …

Expanding Homicide Liability For A Parent’S Omission, Monu Bedi

Cardozo Law Review de•novo

Earlier this year, Jennifer and James Crumbley were convicted of manslaughter and sentenced to 10-15 years for not stopping their teenage son, Ethan, from killing four students at his high school. This is the first known occurrence of an American prosecutor obtaining a homicide conviction relying on a parental omission—or failure to act—where the victim was not the parent’s own child. Parental omissions historically have only triggered homicide charges if the parent fails to protect their child, not others, from harm. Unlike the general population, parents owe a special duty to their child because they are the ones tasked to …

Justice Over Finality: Compassionate Release As A Mechanism To Correct Sentencing Errors, Eliza Stup

Cardozo Law Review de•novo

The passage of the First Step Act of 2018 provoked a wave of scholarship analyzing the impact of the Act on compassionate release. However, little attention has been paid to the newfound potential for sentencing errors to fit within the compassionate release framework. This Note addresses a federal circuit split over the legality of sentencing errors as a ground for compassionate release. Drawing on statutory text, legislative history, and recently promulgated U.S. Sentencing Commission guidelines, this Note seeks to provide a robust defense for judicial discretion to consider sentencing errors as a basis for compassionate release. Sentencing errors represent a …

Blackened Faces: Unearthing The Political Shift Behind Illinois' Response To Racialized Labor Violence During The Virden Affair And Coal Wars Of 1898-1899, Jonathan C. Yegge

Graduate Thesis and Dissertation post-2024

This thesis investigates the relationship between politics, law, race, mobility, and violence in 1890s Illinois to highlight the socio-political causes of a temporary pro-labor shift in Republican policy. It centers on Illinois Governor John R. Tanner’s atypical response to racialized labor violence during the Virden Affair and the broader Coal Wars of 1898-1899. This research builds on socio-economic and cultural studies of the labor movement and Black strikebreaking. It introduces state politics and law, two essential lenses of analysis which the historiography has largely neglected in favor of economics and bottom-up history. In lieu of the typical pro-labor accounts of …

Comparative Analysis Of Prosecutor-Led Diversion Programs: Insights To Japan’S Suspension Of Prosecution For Recidivism Prevention, Mio Hagino

LL.M. Essays & Theses

Around 60% of all crimes in Japan are committed by repeat offenders, and therefore preventing recidivism is a central concern in Japan. Recognizing the importance of early intervention, some prosecutors’ offices collaborate with social workers and provide necessary measures for recidivism prevention when prosecution is suspended. To promote prosecutor-led recidivism prevention, there is an ongoing discussion to legislate the approach currently taken by prosecutors’ offices. However, concerns remain about procedural fairness, transparency of prosecutorial discretion, and collaboration with other agencies. In the United States, prosecutor-led diversion programs are adopted in many states, with ongoing research on their effectiveness and challenges. …

The End Of Consent: Data And The Corporate-Consumer Relationship, Faisal Hijjawi

LL.M. Essays & Theses

Consumer data is largely regulated through the notice-and-choice approach in the United States, which relies on consumer consent. The notice-and-choice approach is rooted in the control theory of information privacy. This paper will argue that the control theory is limited due to its reliance on property law, its breadth, as well as it reinforcing the ‘no privacy in public’ concept. Further, the notice-and-choice approach relies on consent being both free and informed. However, consent cannot be considered free due to the lack of choice and the manipulation exerted on the consumer. Also, consent is not informed as the consumer lacks …

Fair Use V. Free Use: A Comparative Study Of American And Russian Copyright Exemptions, Eduard Bershitskiy

LL.M. Essays & Theses

Many U.S. lawyers are under the well-deserved, but still not entirely accurate, impression that copyright infringement in Russia is a huge free-for-all. This comparative paper, which juxtaposes Russian and American copyright exemptions, seeks to partially refute that skeptic view by showing that, in fact, Russian copyright law has developed a relatively coherent system of exceptions and limitations to exclusive rights. This paper begins with a brief overview of Russian copyright law and general remarks on its exemptions. It then focuses on statutory and, where appropriate, case-law comparison of particular copyright exemptions in the Part 4 of the Russian Civil Code …

Can Community Festivals Make Urban Places More Hospitable?, Bernadette Quinn

Articles

Cultivating places and spaces to encourage sociality and foster sociocultural inclusion is a very pertinent societal challenge. Community festivals are often marshalled in the interest of making cities more hospitable for the increasing numbers of migrants, refugees, remote workers and tourists internationally on the move. This study investigates if and how community festivals are constructing hospitality through their practices. The findings are drawn from a qualitative study of two community festivals in Dublin's North East Inner City, an ethnically diverse area characterized by social disadvantage. They suggest that community festivals can make places more hospitable. However, the approaches taken to …

Embodying Arts Festivals As Infrastructural Transformation Of Places, Bernadette Quinn

Books / Book chapters

No abstract provided.

Social Problem-Solving, Stress, Social Support As Predictors Of Distress Among First-Generation Students, Marisa Leib

PCOM Psychology Dissertations

First-generation students are steadily increasing in the United States, and currently comprise one third of today’s college undergraduate population (Stebleton & Jehangir, 2020). First-generation students are more likely to face various academic, social, economic, and cultural challenges when transitioning to higher education. The culmination of these stressors put first-generation students at risk for developing mental health conditions. Social problem-solving (SPS) is one variable that has been shown to buffer against the negative effects of stress among the general college student population. The purpose of the current study was to examine how specific variables contribute to psychological distress among the population …

The Relationship Between Burnout And Cognitive Distortions For Clinicians Working With Sex Offenders, Emily Stover

PCOM Psychology Dissertations

Burnout affects approximately 21% to 61% of mental health providers throughout their careers (Morse et al., 2012). Various precursors may lead to burnout, such as caseload, the severity of the clients, workplace climate, and lack of professional support. Burnout is a significant issue for mental health providers working with perpetrators of sexual offenses, specifically due to the increase in stressors when working with this population. Individuals working with this population have the additional risk of being objectified or threatened during a session and could experience vicarious trauma when listening to the details of the offense. Due to the continuous emotional …

Predictors Of Utilization Of Preventive Gynecologic Health Services Among Women Veterans, Jennifer Lynn Milore

PCOM Psychology Dissertations

As the number of women veterans in the United States increases, additional attention has been given to understanding their healthcare experiences within the Veterans Health Administration. However, much of the current literature exploring women veterans has been qualitative and little research has examined quantitative relationships between experiences in the VA healthcare system and gynecologic health behaviors and outcomes. The purpose of this study was to evaluate potential factors (health literacy, social problem-solving abilities, and perceived gender discrimination) that may predict gynecologic health behaviors in women veterans. This study included 145 anonymous participants. Participants completed screening questions and demographic and health …

Prolonged Grief: The Predictive Value Of Cognitive Distortions, Depression, And Anxiety, Michael Kastelnik

PCOM Psychology Dissertations

Bereavement, the emotional pain of losing a loved one, may lead to significant distress and functional impairment, which can negatively impact the relationships, work, and health of those who grieve. The present study aimed to examine the relationship between cognitive distortions and prolonged grief, depression, and anxiety. It was hypothesized that there would be a significant and positive relationship between prolonged grief, depression, anxiety, and cognitive distortions, as measured by the Prolonged Grief Scale-Revised (PG-13-R), the Patient Health Questionnaire (PHQ-9), and the Generalized Anxiety Disorder Scale (GAD-7), and the Inventory of Cognitive Distortions (ICD), respectively (Hypothesis 1). It was also …

Perennializing Marginal Croplands: Going Back To The Future To Mitigate Climate Change With Resilient Biobased Feedstocks, Salvador Ramirez Ii, Marty R. Schmer, Virginia L. Jin, Robert B. Mitchell, Catherine E. Stewart, Jay Parsons, Daren D. Redfearn, John J. Quinn, Gary E. Varvel, Kenneth P. Vogel, Ronald F. Follett

United States Department of Agriculture-Agricultural Research Service / University of Nebraska-Lincoln: Faculty Publications

Managing annual row crops on marginally productive croplands can be environmentally unsustainable and result in variable economic returns. Incorporating perennial bioenergy feedstocks into marginally productive cropland can engender ecosystem services and enhance climate resiliency while also diversifying farm incomes. We use one of the oldest bioenergy-specific field experiments in North America to evaluate economically and environmentally sustainable management practices for growing perennial grasses on marginal cropland. This long-term field trial called 9804 was established in 1998 in eastern Nebraska and compared the productivity and sustainability of corn (Zea mays L.)—both corn grain and corn stover—and switchgrass (Panicum virgatum …

Light And Dark Mode: A Comparison Between Android And Ios App Ui Modes And Interviews With App Designers And Developers, Sarah Andrew, Chelsea Bishop, Garreth W. Tigwell

Articles

Mobile app light and dark modes offer improved usability within different contexts (e.g., dark mode for easier night reading). Yet, little research has investigated the prevalence of light and dark modes across platforms, the intricacies of UI color changes, and challenges in the design and development process. Our investigation focused on comparing light and dark mode designs. We carried out a manual inspection of 120 popular Android and iOS apps to find that only 55\% (Android) and 48\% (iOS) of the apps included any modes. We also found significant variability in how many UI elements changed between modes. We interviewed …

“There’S A Lifestyle, An Appreciation, A Beauty”: An Interpretative Phenomenological Analysis Of Masters Rowers, Jason Rich, Pamela Beach, Heidi K. Byrne

Articles

Masters rowing has seen a measurable increase in participation, with masters rowers engaged in the sport for competition, health, and recreation reasons. Unlike other masters sports, masters rowing has a unique high level of synchronous, cooperative, and interdependent elements. To better understand the benefits and challenges of participation in competitive masters rowing, the purpose of this study was to explore the lived experiences of competitive masters rowers. Twelve competitive masters rowers were recruited and interviewed. Utilizing an interpretative phenomenological analysis approach to guide data collection, analysis, and interpretation, the analysis revealed four major themes: navigating community relationships, finding a reason …

A Cherokee Historiography: 125 Years And The Trail Of Tears, Joshua Huberman

History - Master of Arts in Teaching

Synthesis Essay..............................3

Document Section.........................28

Textbook Engagement...................38

Bibliography....................................48

Making Up For Lost Time: The Historiography Of Ireland’S Great Famine, 1845-1852, Mikel Rand Inchausti

History - Master of Arts in Teaching

I Synthesis Essay.............................................3

II. Primary Source Documents........................33

III. Textbook Critique.......................................44

IV. New Textbook Entry...................................47

The Pressure Of The Past: Historiographical Trends In The Origins Of The Korean War, Jacob Weiss

History - Master of Arts in Teaching

Historiographic Synthesis Essay...............4

Essay Bibliography..................................27

Primary Sources......................................28

Textbook Critique.....................................42

New Textbook Entry.................................47

Resilience Of Mental Health Services Amidst Ebola Disease Outbreaks In Africa, Frankline Sevidzem Wirsiy, Nancy B. Tahmo, Lambed Tatah, David Brett-Major

Journal Articles: Epidemiology

INTRODUCTION: Health systems including mental health (MH) systems are resilient if they protect human life and produce better health outcomes for all during disease outbreaks or epidemics like Ebola disease and their aftermaths. We explored the resilience of MH services amidst Ebola disease outbreaks in Africa; specifically, to (i) describe the pre-, during-, and post-Ebola disease outbreak MH systems in African countries that have experienced Ebola disease outbreaks, (ii) determine the prevalence of three high burden MH disorders and how those prevalences interact with Ebola disease outbreaks, and, (iii) describe the resilience of MH systems in the context of these …

Program And Proceedings: Nebraska Academy Of Sciences 1880–2024, 144th Anniversary Year, One Hundred-Thirty-Fourth Annual Meeting

Nebraska Academy of Sciences: Programs and Proceedings

Program

Aeronautics and Space Science

Aeronautics and Space Science Poster Session

Anthropology: Humans Past and Present

Maiben Lecture: "Platte Basin Timelapse: A Watershed in Motion," Grant Reiner

Applied Science and Technology

Biological Sciences

Biomedical Sciences

Chemistry

Earh Sciences

Environmental Sciences

Physics

Science Education

Combining The Concrete Representational Abstract Framework And Video Modeling To Increase Basic Addition Skills Among First Grade Students, Sara Ebner

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

Proficiency in mathematics is fundamental for academic success and is linked to numerous skills that are essential for success in the real-world. Despite its importance, many students struggle with math, leading to nationwide declines in math proficiency. This decline highlights the need for effective interventions that are accessible, able to be individualized, and feasible for implementation across settings. In the present study, a single case multiple probe across participants design was used to assess the efficacy of a concrete-representational-abstract (CRA) framework with video modeling intervention on the basic addition problem-solving accuracy of three first-grade students. Results show that participants’ accuracy …

Desettling Fixation, Emily T. Behzadi Cárdenas

Faculty Scholarship

Scholars have long contemplated how the effects of colonialism have permeated even race “neutral” laws. This Article scrutinizes the ways Eurocentric copyright systems have failed to protect, and have even encouraged, the unauthorized uses of indigenous heritage in derivative subject matter, exposing how settler colonialism in copyright law has entrenched an unequal hierarchy among communities seeking copyright protection. Due to its ephemeral nature, intangible cultural heritage constantly faces the threat of exploitation by dominant cultures. The intangible heritage of indigenous groups has been particularly vulnerable to illicit and uncompensated commodification. Intangible heritage, such as oral histories and traditional dances, is …

Self-Defense And Political Rage, Erin L. Sheley

Faculty Scholarship

This Article considers how American political polarization and the substantive issues driving it raise unique challenges for adjudicating self-defense claims in contexts of political protest. We live in an age where roughly a quarter of the population believes it is at least sometimes justifiable to use violence in defense of political positions, making political partisans somewhat more likely to pose a genuine threat of bodily harm to opponents. Furthermore, the psychological literature shows that people are more likely to perceive threats from people with whom they politically disagree and that juries tend to evaluate reasonableness claims according to their own …

Implementing Aba Standard 303(B)(3): Positive Legal Education Through A Community Of Inquiry, Joshua Aaron Jones

Faculty Scholarship

According to William Adams, Executive Director of Legal Education and Bar Admissions at the American Bar Association (ABA), “Full implementation [of 303(b)(3)] [was] expected by 2023.” The revised Standard requires that law schools provide “substantial opportunities” for professional identity development (PID). Though the ABA’s Standards and Rules of Procedure for Approval of Law Schools and the related interpretations allow flexibility, the ABA left law schools without detailed guidance; without a unified professional identity concept, law schools across the country will implement a patchwork of programs, some stronger than others, that may curtail a global strengthening of the profession. Fortunately, scholars …

Law As A Liberal Art, Francis J. Mootz Iii

McGeorge School of Law Scholarly Articles

Law is a liberal art. Unfortunately, this fact is often forgotten by legal educators, legal practitioners, and citizens. This collective amnesia does not just pose a problem of proper academic categorization. Our inattention to law’s character as a liberal art of law has a profound effect on the full realization of the rule of law in contemporary constitutional democracies. Reclaiming law as a liberal art is critically important, and this effort should be at the center of our approach to legal education.

In this short essay, I begin by providing a brief overview of what I mean by saying that …

Teaching Children Consent Skills Through The Lens Of Personal Boundaries And Bodily Autonomy, Prerana Atreya

University of the Pacific Theses and Dissertations

Sexual violence is a public health and safety problem affecting many children across the United States. One preventative tool the public health department uses to mitigate the high prevalence rates and harm of sexual violence is teaching consent skills to children. Previous research has demonstrated that behavior analytic principles effectively teach other important safety skills (e.g., abduction prevention, gun safety, and poison safety). Thus, it is possible that using behavioral technologies to teach consent skills will show similar effectiveness as teaching safety skills. The current study’s purpose was to evaluate the effectiveness of using behavioral skills training (BST), video modeling, …

Description Of Neoperla Philippinensis Sp. Nov. Confirmed Using Integrative Taxonomy And Some Notes On Neoperla Oculata Banks, 1924 (Plecoptera: Perlidae), Arthien Lovell P. Pelingen

Biology Faculty Publications

I re-examine the assumed phenotypic variable Neoperla oculata Banks, 1924 (Plecoptera, Perlidae) and describe Neoperla philippinensis sp. nov. All material examined herein are collections from the Mindanao region, of which supplementary information were provided including COI mtDNA accessions, female adult associations, and egg morphology characterization.