Digital Commons Network^™

The Entanglement Of Facts And Values: An Overlooked Problem For Legal Positivism, Stephen A. Simon

West Virginia Law Review

Scholars have long been fascinated by the relation between law and morality, and in particular by the question of whether identifying the law requires making moral judgments. H.L.A. Hart and other legal positivists insist that we can identify the law without making moral judgments. By contrast, Ronald Dworkin and other opponents of legal positivism hold that determining law’s meaning necessarily involves moral reasoning. The most prominent contemporary case against legal positivism, developed by Dworkin, argues that interpretation—giving meaning to legal language—inherently requires moral judgments. While Dworkin’s arguments are powerful, the discourse has overlooked another basis for rejecting legal positivism: one …

The Judiciary's Arbitrary And Capricious Problem, Jack D. Malich

West Virginia Law Review

The Supreme Court has not been shy in its efforts to change, and in some cases, overturn long-standing administrative law precedent. Yet in one area, arbitrary and capricious review under Motor Vehicles Manufacturers Ass’n v. State Farm Mutual Insurance Co., the Court has ostensibly not acted to modify any part of the doctrine. Recently, however, the federal judiciary has increasingly used arbitrary and capricious review to invalidate major agency actions over what seem to be somewhat minor procedural flaws. The increased stringency of such review has led to increasing conflict between the executive and judicial branch. Two Supreme Court decisions …

Consent Absent Consensus: A Principles-Based Framework For Institutional Sexual Consent Policies, Tammi Walker

West Virginia Law Review

Title IX requires educational institutions to address sexual misconduct but provides no clear standard for defining consent. In the absence of federal guidance, colleges and universities operate in a regulatory vacuum, producing inconsistent definitions, legal uncertainty, and contested understandings of what consent requires. Without a structured framework, institutions struggle to balance survivor protection, due process, and practical implementation. This Article introduces a principles-based framework that supports clearer, more coherent consent policies. It identifies three interdependent elements of valid sexual consent: (1) Respect for Choices and Autonomy, which requires voluntary agreement free from coercion or pressure; (2) Informed Expectations and Transparency, …

Asarco Delenda Est, John Greabe

West Virginia Law Review

ASARCO Inc. v. Kadish is the most important Supreme Court decision addressing the adjudication in state courts of federal claims that Article III’s case-or-controversy requirements would bar lower federal courts from hearing. But there are two serious problems with the reasoning of ASARCO: one involving an error of omission and the other an error of commission. ASARCO’s error of omission is its apparent assumption that a party barred from asserting a federal claim in federal court because of a lack of redressable Article III injury caused by the conduct complained of should face no barriers to obtaining relief on the …

Drawing Lines In The Substance: Questioning The Inconsistent Application Of West Virginia's Recidivist Statute In Cases Involving Controlled Substance Violations, Patrick Hassen

West Virginia Law Review

For decades, West Virginia’s recidivist statute required courts to sentence repeat felony offenders to life in prison even if their offenses were not violent. Over the years, the statute mandated life sentences for triggering offenses as minor as writing a bad check or failing to register a new phone number with the police. Unsurprisingly, the statute has come under its fair share of constitutional attack for violating the state Constitution’s proportionality principle. In 1981 the Supreme Court of Appeals of West Virginia held the state’s proportionality principle requires a strict interpretation of the recidivist statute in favor of the defendant. …

A Damning Doctrine: State-Created Danger, Sierra Dotson

West Virginia Law Review

United States Supreme Court should take to promote uniformity in the correct interpretation of the doctrine and in applying the state-created danger exception.

The Living Architecture Of Law, Joseph R. Goodwin

West Virginia Law Review

No abstract provided.

Masthead Volume 128, Issue 3

West Virginia Law Review

No abstract provided.

The Last Human Question: Generative Ai's Existential Threat To Consensus And Law, Joshua Fairfield

West Virginia Law Review

The true risk of artificial intelligence (“AI”) is not that the toasters will rise up. It is that AI will be competent to perform human tasks and indifferent to human welfare. The risk is that we will be outcompeted by generative automated processes that create output similar to ours (although never the same, as this Article explains), but which need none of the outputs of the economy for food, shelter, or human flourishing. Further, a more precise and existential description of the threat is that generative AI will disrupt and crowd out humanity’s evolutionary superpower, our ability to generate agreement …

Ai And Law Milestones: From Top-Down To Bottom-Up Computational Models Of Legal Reasoning (And Back), Kevin Ashley

West Virginia Law Review

This Article introduces five research and development milestones in the field of Artificial Intelligence and Law and then discusses how large language models (“LLMs”) and generative AI (“GenAI”) are affecting each of them. The milestones include legal expert systems, lessons learned in computationally modeling legal rules and statutes, knowledge-based models of legal argument, machine learning models that classify case texts and predict outcomes, and the design and evaluation of legal applications of LLMs and GenAI. These milestones illustrate how top-down knowledge-based computational models of legal expertise have rapidly given way to bottom-up models based on machine learning. Knowledge-based models explicitly …

A View Under The Hood: Duquesne Kline's Law And Computing Program, Wesley M. Oliver, Katherine L.W. Norton, Martin Mckown, David Horrigan

West Virginia Law Review

No abstract provided.

Artificial Intelligence And Machine Learning Improving The Livelihood Of Individuals With Disabilities In Various Capacities, Daveon Lilly

West Virginia Law Review

Artificial Intelligence (“AI”) and Machine Learning (“ML”) are swiftly reshaping accessibility for individuals with disabilities, offering fresh opportunities for inclusion in education, the workplace, and daily life. This Note explores the integration of AI and ML into assistive technologies and discusses how this integration bolsters access and independence for people with various disabilities. It also examines the legal frameworks, including the Americans with Disabilities Act (“ADA”) and the Rehabilitation Act of 1973 (“Rehabilitation Act”), that govern the implementation of these technologies and address challenges such as algorithmic bias, data privacy, and the digital divide. While AI and ML have made …

Training New Lawyers With And For Generative Ai: A Semester-Long Experiment Scaling Clinical Friction In The Doctrinal Classroom, Frank W. Volk

West Virginia Law Review

No abstract provided.

Gendered Discourses And Classed Access Routes For Feminist Djs In Irish Subcultural Scenes, Andrea Cleary

Irish Communication Review

This article examines feminist collectives in Ireland’s electronic/dance music (E/DM) and music technology (MT) scenes, focusing on how gender and class intersect to shape access and participation. Drawing on thematic analysis of interviews with five collective members active between 2016 and 2025, it traces paths to participation from "musical homes" to instrument education to university DJ societies. To do this, it examines the overlapping family, cultural and subcultural capitals which shaped their journeys. Finally, this article considers the role of feminist collectives in creating alternative educational spaces and networks for women and gender minority participation in E/DM cultures.

‘It’S The Best Person For The Job’: Gendering Logic And The Hiring Practices Of Music Organisations In Ireland, Yvonne Kiely Dr

Irish Communication Review

Despite calls for reform in the allocation of jobs in music industries, little is known about how music organisations operate internally and the day-to-day realities that male and female workers must navigate. Findings of bullying and harassment in the arts sector by the Irish Theatre Institute prompted the Irish government in 2022 to issue a set of recommendations aimed at reforming the working conditions and gender divisions of labour of arts sector organisations under its remit. These recommendations were made in the absence of academic studies of music organisations in Ireland, and in the absence of centralised data about these …

“This Play Has Become Something That Isn’T For Us”: Working Class Identity, Canonical Inheritance, And The Girlo On Stage In That’S Sooo Povo!, Ciara L. Murphy Dr

Irish Communication Review

That’s Sooo Povo! was first produced in 2025 as part of the Dublin Fringe Festival by D’Girlos Theatre Company. The play follows Chantelle and Croía, two working class Dublin drama students who, when faced with partnering up to perform a scene from Sean O’Casey’s The Plough and the Stars (1926), end up summoning the “drag-drenched larger-than-life entity” Queen Povo (That’s Sooo Povo! | Fringe Festival, 2025). This companion piece firstly aims to examine how O'Casey's The Plough and the Stars has made a journey from subversive class critique to nostalgic institutional property, and what it means for working class women …

Spectrum, Volume 56, Issue 8, Sacred Heart University

Newspapers (Obelisk & Spectrum)

Highlights include: Student Voices Heard with the Biannual Climate Survey -- Human Cadaver Lab at the CHE -- Campus Comes Together to Pack Over 20,000 Meals -- One Goal Short of History -- New Division 1 Acrobatics and Tumbling Team

Reaching The Heart Of The Matter: Uncovering Novel Mechanisms Of Cardio-Neuronal Regulation And Therapeutic Implications, Olivia Sloan

Honors Theses

Cardiovascular diseases and cancer are the leading causes of mortality in the United States and across the world [1-3]. Patients with heart diseases have been shown to have neurological deficits [4-6]. While various drug classes reduce mortality and morbidity in cancer patients, many of these treatments present life-threatening adverse effects, particularly cardiotoxicity and/or neurotoxicity.

To uncover novel mechanisms of differentiation of neuronal cells induced by cardiac cells. I hypothesized that cardiac cell-induced neurodifferentiation is mediated by noncanonical metabolic factors. To address this, I sought to identify which molecules are involved in the induction of neurodifferentiation of PC12 cells by H9C2 …

Made In Ireland: A Postcolonial Analysis Of Irish Cultural Revival And Its Impact On Ireland’S International Relations, Emma Boyd

Political Science Student Papers and Posters

This thesis examines the impact of how British colonial rule led to the decline of Irish cultural components, such as Gaelic (Gaeilge), and how postcolonial revival efforts have shaped Ireland’s modern identity and its use of soft power in international relations. Drawing on mobilization and postcolonial theories, this paper defines key concepts, mobilization, remobilization, and postcolonial identity, to provide an analytical foundation. The analysis explores how colonial policies eroded Irish culture and language, intensified by the Great Famine, and how the Irish Diaspora serves as a global network for remobilizing Irish identity abroad. The ongoing conflicts in Northern Ireland will …

Fear In The Forecast: Do You Believe The Government Controls The Weather?, Gabriella Bartsch

Honors Papers and Posters

Weather manipulation by the government is among the most widely believed conspiracy theories in America, with over 49 percent of Americans subscribing to this belief. As belief in weather-related conspiracies continues to gain traction, understanding the political and social factors that drive these beliefs becomes increasingly essential. In this study, data from the Chapman Survey of American Fears, a representative national sample of U.S. adults, as well as a qualitative content analysis of X/Twitter posts from 2020 to 2026, are used. This research examines how political partisanship and conspiratorial predisposition are reflected in media consumption and levels of institutional trust, …

Afit Librarian Newsletter : Check It Out (Second Quarter 2026), D'Azzo Research Library, Air Force Institute Of Technology

AFIT Library Knowledge Base

In this issue:

• Interview with a Featured Library Advocate, Dr. William Cunningham, AFIT/ENS
• Library Display about “Inventing Flight”
• New Librarian: Catherine Stahl
• Staff Book Picks for Spring Reading

The Legal Framework For Direct Ocean Carbon Capture And Storage (Volume 1: International Law), Romany M. Webb, Korey Silverman-Roati

Sabin Center for Climate Change Law

This paper focuses on the marine carbon dioxide removal (mCDR) approach of direct ocean carbon capture and storage (DOCCS), which aims to remove some of the carbon currently stored in the ocean and thereby enable it to uptake additional carbon dioxide from the atmosphere. DOCCS is still undergoing research, but early studies suggest it could have significant carbon dioxide removal potential. However, DOCCS could also present environmental and other risks, including from the construction of new facilities, the intake and processing of water, and the handling and storage of carbon dioxide. Careful siting, design, and operation of DOCCS systems is …

Field Experience Practicum In Early Childhood Education, Laurie A. Daly

OER Textbooks

This OER is being used at UMass Boston in the Curriculum and Instruction Department. It was uploaded to ScholarWorks @ UMass Boston to help students gain access to the materials. To request a takedown of this material, please email [email protected].

Patients' Attitudes Towards Deprescribing And Associations With Patient-Related Factors Across Two Hospital Settings, Louise Westberg Strejby Christensen, Iman El Gamah, Amina Osman Ismail Barre, Daniela Claudia Moga, Anissa Aharaz, Olivia Bornæs, Rikke Lundsgaard Nielsen, Aino Leegaard Andersen, Esben Iversen, Kim Peder Dalhoff, Ove Andersen, Helle Gybel Juul-Larsen, Morten Baltzer Houlind

Epidemiology and Environmental Health Faculty Publications

Medication deprescribing is a targeted strategy to reduce inappropriate polypharmacy. Patients in primary care settings have reported high willingness to discontinue medications, but this phenomenon is less well studied in hospital settings. In this explorative post hoc analysis of two previously described clinical trials, we assessed patients' attitudes towards deprescribing in two hospital-based cohorts: acutely admitted older medical patients (≥ 65 years) in the emergency department at Copenhagen University Hospital Hvidovre (October 2018–April 2021) and multimorbid patients (≥ 18 years) referred to an outpatient clinic at Copenhagen University Hospital Amager (March 2019–December 2019). Among 104 and 72 patients in each …

Multiscale Metabolic Covariance Networks Uncover Stage-Specific Biomarker Signatures Across The Alzheimer's Disease Continuum., Juan Antonio K Chong Chie, Scott A Persohn, Ravi S Pandey, Olivia R Simcox, Gregory W. Carter, Paul Salama, Paul R Territo, The Alzheimer’S Disease Neuroimaging Initiative

Faculty Research 2026

INTRODUCTION: Functional connectomics studies leverage the power of interregional brain relationships using graph theory of glycolytic metabolism to establish neural connections and their roles in cognition and disease and to monitor therapeutic responses.

METHODS: Using a retrospective clinical population (N = 431) from ADNI, we evaluated disease changes using metabolic covariance analysis. In addition, we developed a novel region set enrichment analysis (RSEA) to detect brain functional changes based on metabolic variations. Results were aligned with transcriptomic signatures and clinical cognitive assessments (CCAs).

RESULTS: Our findings highlight sexual dimorphic changes across the disease spectrum, which suggest brain network reorganization occurs …

The Student Movement Volume 110 Issue 19: Summer Surprise, Secret Sidewalks, And Superstars, Nathaniel Reid, Kyle Simpson, Ysa Dennis, Melanie Webb, Addison Randall, Anna Pak, Reagan Westerman, Madison Vath, Alyssa Caruthers, Maya Thomas, Anna Rybachek

The Student Movement V. 110 (2025-2026)

AUTHENTIC FACTS

Andrew Francis to Return to Student Movement as Editor in Chief, .- .. -.- ---

Summer Break Canceled for AU Architecture Students, (Not) Nathaniel Reid

Mysterious Message in Andrews' Sidewalks Reveals Long-Lost History, Kyle Simpson

ARTS & ENTERTAINMENT

Should Actors' Public Personas Influence Their Award Chances?, Ysa Dennis

The Collingsworth Family to Bring Hymns to the HPAC. Melanie Webb

How Close Is Too Close? The Nature of Press Tour Relationships, Ysa Dennis

Andrews University Choirs Present Spring Concert, Addison Randall

HUMANS

Women in STEM Faculty Spotlight, Anna Pak

NEWS

Pre-Law Students Take the Stand in Campus Mock Trial, …

Multi-Jurisdictional Hazard Mitigation Plan For Landslides For The Kentucky River Area Development District, Kentucky, Hudson J. Koch, Matt M. Crawford, Jason M. Dortch

Contract Reports--KGS

Landslides are a widespread and complex geologic hazard that affects people and infrastructure. The Kentucky River Area Development District, Kentucky, sustains relatively high landslide activity that impacts several municipalities in eastern Kentucky. This hazard mitigation planning project outlines landslide hazard and risk assessments for the Kentucky River Area Development District, with information needed for each community in the region to develop mitigation strategies that will support infrastructure and development needs, land-use planning, situational awareness, and response and recovery actions for the communities.

The Big Ideas Of Motivation Toolkit, Kevin Pugh, Cassendra Bergstrom

Toolkits

Teaching Coach Pugh has synthesized the Big Ideas of Motivation into the following infographics, along with associated references. A lot of this information can also be found in a vlog series on Dr. Pugh's youtube channel here: https://www.youtube.com/watch?v=3QhP5k7eOEo&list=PLi9kxIQ_OxFzZCbDiWaYYImmi35MLZ2hu

Identidad Flamenca: Formation Of And Negotiations With The Flamenco Identity, Kayla Lyall

Theatre & Dance ETDs

The core of this dissertation is an inquiry into belonging in flamenco. Expanding beyond the personal, it examines how flamenco identity is constructed through embodiment and practice. Challenging dominant narratives of purity and authenticity, I argue that identity in flamenco emerges through multiple pathways—including inheritance, training, cultural proximity, and artistic inquiry—and is continually reshaped by social, political, and aesthetic forces. Through phenomenology and practice-as-research, I position the body as an archive of knowledge and a site of meaning-making. My creative project, NUDE, serves as an embodied investigation into vulnerability, lineage, and self-definition, demonstrating identity as something enacted rather than …

Ageless Law: The Case For (Some) Age Discrimination, Nina A. Kohn

North Carolina Law Review

No abstract provided.