Digital Commons Network^™

The Unidentified Wrongdoer, Ronen Perry

Georgia Law Review

This Article addresses the untheorized and under-researched problem of strong unidentifiability in tort law, namely the victim’s occasional inability to identify the direct wrongdoer, or even an ascertainable group to which the wrongdoer belongs, and bring an action against him or her. This Article offers a systematic analysis and a general theoretical framework for the appraisal of possible solutions to strong unidentifiability problems, which undermine liability and frustrate its goals.

Part I presents the main legal models developed and used to overcome these problems in different contexts and various legal systems: adherence to direct liability with creative procedural identification tools, …

Uzuegbunam V. Preczewski, Nominal Damages, And The Roberts Stratagem, Michael Wells

Georgia Law Review

In Uzuegbunam v. Preczewski the Supreme Court held for the first time that federal-court jurisdiction exists over a § 1983 case that presents only a claim for nominal damages. As a result, such claims remain subject to adjudication even when the plaintiff’s request for prospective relief, targeting an allegedly unlawful practice, has been mooted by the government’s discontinuance of the thus-challenged behavior. In dissent, Chief Justice Roberts maintained that the majority’s ruling clashed with Article III’s “personal stake” requirement and also unwisely permitted plaintiffs to sidestep controlling jurisdictional rules by adding a meaningless claim for nominal damages to a complaint …

To Trust Or Not To Trust: Native American Healthcare Improvement In The Supreme Court’S Hands, Katherine Graham

Georgia Law Review

The United States federal government’s relationship with Native American tribes has long been tenuous. Despite years of unjust and inhumane treatment of Native Americans by the government, Congress has attempted to rectify or limit the government’s harm to Native American people but has fallen short of upholding all agreements intended to improve United States-tribal relations. In particular, the government has not always followed treaties between the government and tribes, and the United States Supreme Court has failed to protect Native American rights in many cases. Central to this issue is the 1868 Treaty of Fort Laramie, in which the United …

No Motion Left Behind: Adjudicating Motions To Remand In Cases Snap Removed To Mdls, Millie Price

Georgia Law Review

Under the current wording of the federal removal statute, 28 U.S.C. § 1441, defendants in some jurisdictions may remove a state action to federal court before an in-state defendant is served. These defendants are taking advantage of the forum defendant rule in 28 U.S.C. § 1441(b)(2). This phenomenon has been coined “snap removals.” Three federal courts of appeals allow such removals, whereas many federal district courts say it is improper. The “home” district court might not be the end point for the case, though. Corporate defendants often ask for the case to be transferred to a pending Multidistrict Litigation (MDL) …

Jus Sanguinis Or Just Plain Discrimination? Rejecting A Biological Requirement For Birthright Citizenship Of Children Born Abroad To Same-Sex Couples Via Assisted Reproductive Technology, Thomas Evans

Georgia Law Review

Until recently, the State Department had a policy deeming children born abroad to married same-sex couples to be children born out of wedlock. Then, applying the statute for children born out of wedlock with more rigorous requirements, the State Department only allowed citizenship to pass through a biological relationship between the biological parent and the child.

Although the State Department updated this policy in May 2021 to allow for birthright citizenship of children born abroad to married same-sex couples, the new policy does not go far enough. This Note argues that Congress should amend the Immigration and Nationality Act to …

Executive Discretion And First Amendment Constraints On The Deportation State, Jennifer Lee Koh

Georgia Law Review

Given the federal courts’ reluctance to provide clarity on the degree to which the First Amendment safeguards the free speech and association rights of immigrants, the immigration policy agenda of the President now appears to determine whether noncitizens engaging in speech, activism, and advocacy are protected from retaliation by federal immigration authorities. This Essay examines two themes: first, the discretion exercised by the Executive Branch in the immigration context; and second, the courts’ ambivalence when it comes to enforcing immigrants’ rights to be free from retaliation. To do so, this Essay explores the Supreme Court’s influential 1999 decision in Reno …

Fear Foreigners, And Free Expression: A Brief Reflection On Ideological Exclusion And Deportation In The United States, Julia Rose Kraut

Georgia Law Review

“Why should we be afraid of this man and his ideas?” asked Secretary of State William P. Rogers, referring to Belgian, Marxist economist Ernest Mandel.1 In 1969, Mandel applied for a nonimmigrant visa to visit the United States after receiving invitations to speak at several American colleges and universities, including Amherst College, Columbia University, Princeton University, Massachusetts Institute of Technology, and the New School for Social Research.2 Mandel had received visas to visit the United States twice before: one in 1962 and another in 1968.3 Yet, this time, Mandel’s application for a visa was denied.4

The State Department informed Mandel …

Immigration Detention And Dissent: The Role Of The First Amendment On The Road To Abolition, Alina Das

Georgia Law Review

The movement to abolish slavery relied heavily on the exercise and protection of enslaved and formerly enslaved people’s freedom of speech against robust efforts to suppress their messaging. The same is true in the context of the movement to abolish immigration detention. For decades, people in immigration detention, formerly detained people, and their allies have exercised their First Amendment rights to expose the conditions of their confinement and demand their freedom. In response to their protests and other forms of individual and collective expression, detained and formerly detained immigrants have faced suppression and retaliation, threatening not only their right to …

Vacant To Vibrant: Transforming Vacant Lots In North Philadelphia, Olivia Anne Sinclair

Graduate Theses, Dissertations, and Problem Reports (ETD)

The City of Philadelphia has addressed the need to utilize vacant lots in the city’s comprehensive planning document, Philadelphia2035 (PCPC, 2010). The document encourages designers to use sustainable practices to reincorporate these abandoned lots back into the fabric of the city. Through partnerships with local organizations in Philadelphia, guidelines and suggestions were created to guide Philadelphians while they revive abandoned lot spaces. In the neighborhood of Nicetown-Tioga, Philadelphia, there is a large amount of vacant lots leaving the area blighted and without resilience. This study accepts Philadelphia’s invitation to use design strategies to be applied to vacant lots within the …

Mechanisms Of Nourishment, Raymond Lloyd Brown Iii

Graduate Theses, Dissertations, and Problem Reports (ETD)

This written thesis is a description and analysis of the ceramic work of Ray Brown. Included in this thesis is an explanation and defense of my work in my exhibition Mechanisms of Nourishment. It also unpacks the conceptual, technical, and formal aspects of the work.

The research explored in this written thesis discusses the relationship between the aesthetic and utilitarian components of pottery. From an analytical, iterative approach to form, I strive to isolate proportions that evoke a sense of volume and repetition. My references to Mid Century Modern and Streamlining Era design guide my efforts into dynamic mechanisms of …

Do Different Learning Environments Influence Graduate Students’ Professional Communication?, Lacey M. Beam

Graduate Theses, Dissertations, and Problem Reports (ETD)

Purpose: The purpose of this study was to investigate the impact of two educational environments (jigsaw learning activity and standardized patient encounters) on speech-language pathology students’ professional communication when assessing and treating a voice disorder case study. Jigsaw activities are cooperative learning experiences that provide students opportunities to learn from one another. Studies have shown that students have improvements in learning new material, self-confidence, and communication skills (Wong & Driscoll, 2008; Asif et al., 2021). A standardized patient encounter provides a real-life clinical experience for students. There has been a mixed response to students improving their communication skills through …

Stormwater Runoff Response Under Changing Climate And Land Uses Across Gradients Of Inland And Coastal Urban-Natural Basin, Mahmood Khan

Graduate Theses, Dissertations, and Problem Reports (ETD)

Climatic variability has caused significant shifts in the magnitude, frequency and spatiotemporal distribution of precipitation, generating excessive runoff that leads to frequent occurrences of extreme hydrologic events such as the pluvial (rainfall accumulation) and fluvial (riverine) floods. The conversion of natural areas into urban lands is further exacerbating the rainfall accumulation by increasing surface imperviousness that hinders infiltration of water into the soil. This dissertation predicts and characterizes potential shifts in the future annual stormwater runoff
volumes and runoff extremes under the standalone and coupled changes in climate and land use across inland and coastal urban-natural settings. The research was …

Detection Of Fecal Bacteria In Watersheds Impacted By Acid Mine Drainage, Claire Addison Mcdonald

Graduate Theses, Dissertations, and Problem Reports (ETD)

Escherichia coli, a fecal coliform, is an essential component of water quality monitoring, entering waterways through sewage deposits, agricultural land and livestock, and wildlife. Various fast and user-friendly methods for quantifying E. coli make it the principal indicator bacteria for fecal contamination. The most common methods for E. coli quantification are culture-based and involve cultivating samples onto nutrient agar and counting the visible colonies. However, E. coli can enter a viable but non-culturable (VBNC) state in stressful environments. Bacteria in a VBNC state are still alive but reduce key metabolic activities that typically encourage growth and division, allowing them …

Jurors' Perceptions Of Child Sexual Abuse Disclosure Patterns, Hannah Elias

Graduate Theses, Dissertations, and Problem Reports (ETD)

The process of child disclosure of sexual abuse can be complex. Children often disclose abuse consistently across settings (continuous disclosure), though there is research to support that children may deny abuse or recant their allegations despite the abuse having truly occurred (London et al., 2008; Bradley & Wood, 1996; Malloy, Lyon, & Quas, 2007). In this study, data was collected from voluntary MTurk users (N = 688). Mock jurors responded to a survey assessing perceptions of child credibility, defendant guilt, and child susceptibility to external influence in response to each CSA disclosure pattern (continuous disclosure, denial, recantation). Additionally, expert …

Smallmouth Bass (Micropterus Dolomieu) Population Characteristics And An Evaluation Of Management Responses In Two West Virginia Watersheds, Jacob D. Harrell

Graduate Theses, Dissertations, and Problem Reports (ETD)

Smallmouth Bass (Micropterus dolomieu) population characteristics were examined within the Tygart and Cheat River watersheds of north-central West Virginia. Growth, mortality and recruitment were examined for each individual population prior to modeling potential effects of various management schemes. Smallmouth Bass were sampled for total length and weight, aged using sagittal otoliths and sexed through observations of gonadal or ovarian development. Growth for each population was examined using von Bertalanffy growth models and assessed for variation among populations. Population demographic characteristics differed between and among populations, most noticeably between riverine and lacustrine habitat, whereby growth, mortality and recruitment were higher …

Evocations Of Nature In Selected Piano Works By Debussy, Heah Zi-Ling

Graduate Theses, Dissertations, and Problem Reports (ETD)

The connection between nature and the music of Claude Debussy is unique and fascinating, with nature serving as a source of influence and inspiration for Debussy. Debussy looked upon nature with veneration and this viewpoint helped to form the musical ideals that he pursued while breaking with the traditional forms of music. References to nature appear in the descriptive titles of many works by Debussy, but this research focuses on selected piano works from his two books of Images. Debussy’s sense of connection to nature in his music, especially when viewed through the lenses of the Impressionist and Symbolist movements, …

From Evaluating The Performance Of Approximations In Density Functional Theory To A Machine Learning Design, Pedram Tavazohi

Graduate Theses, Dissertations, and Problem Reports (ETD)

Density-functional theory (DFT) has gained popularity because of its ability to predict the properties of a large group of materials a priori. Even though DFT is exact, there are inaccuracies introduced into the theory due to the approximations in the exchange-correlation (XC) functionals. Over the 50 years of its existence, scientists have tried to improve the design of the XC functionals. The errors introduced by these functionals are not consistent across all types of solid-state materials. In this project, a high throughput framework was utilized to compare the theoretical DFT predictions with the experimental results available in the Inorganic Crystal …

Teachers’ Perceptions Of Causes Of Academic Difficulties Experienced By Students Who Are Culturally And Linguistically Diverse, Courtney D. Miller

Graduate Theses, Dissertations, and Problem Reports (ETD)

The purpose of the study was to identify in-service general and special educators’, counselors’, and English as a Second Language educators’ perceptions of the cause of academic difficulties for students who are culturally and linguistically diverse (CLD). A mixed-methods sequential explanatory design was used to initially collect quantitative data though an online survey with more in-depth qualitative data collected through subsequent focus groups. This design allowed the researcher to better interpret and explain the quantitative data by exploring general and special educators’, counselors’, and ESL teachers’ perceptions of the causes of academic difficulties experienced by students who are CLD, to …

The Most Common Vocal Fault In The Baritone Voice, Matthew Derek Cyphert

Graduate Theses, Dissertations, and Problem Reports (ETD)

The purpose of this research project is to create an approachable guide to avoiding the most common vocal fault found in the baritone singing voice. The specific fault being discussed has been coined the “baritone swallow.” This document will explore the history of the baritone singing voice along with information regarding vocal fach identification, an in-depth study of this common vocal fault frequently experienced by baritone singers, and a fault-specific guide to identifying and addressing the “baritone swallow.”

Global Engagement Model For Land-Grant Universities, A Grounded Theory., Lorena Ivonne Ballester

Graduate Theses, Dissertations, and Problem Reports (ETD)

The purpose of this study is to examine how land-grant universities engage with the public in the era of globalization; to explain the institutionalization of engagement processes accounting for the global context; and, to integrate this analysis into a Global Engagement Model for Land-Grant Universities (GEM) implementing a grounded theory research methodology.

GEM’s foundation is both theoretical and empirical. Applying the intensity sampling method, the universities selected for the empirical base were: The University of California, Davis, Michigan State University, and The Pennsylvania State University. Rather than an exact representation of individual universities’ engagement models, the model is the researcher’s …

Implementation Of Standardized Handoff Reporting To Improve Communication Among Certified Registered Nurse Anesthetists And Postanesthesia Care Unit Nurses In The Postanesthesia Care Unit, Lauryn G. Macfawn

Graduate Theses, Dissertations, and Problem Reports (ETD)

Standardization of handoff reporting has been proven to increase the quality of information being transferred and improve patient safety. Poor quality handoff between providers increases morbidity and mortality, hospital length of stay, healthcare costs, as well as decreases patient satisfaction The aim of this Doctor of Nursing Practice quality improvement (QI) project was to implement the situation, background, assessment, recommendation (SBAR) handoff reporting tool in the postanesthesia care unit (PACU) at a hospital in Western Maryland. There was no standardized handoff process in place between certified registered nurse anesthetists (CRNAs) and PACU registered nurses (RNs) at the facility. The participants …

Implementation Of A Nonverbal Scrub Cap Identification System To Improve Communication And Perception Of Patient Safety Among Unfamiliar, De-Identified Staff Members In The Operating Room., Keri Ann Roskowinski

Graduate Theses, Dissertations, and Problem Reports (ETD)

Background: Operating room (OR), professionals deliver patient care with brief introductions, and roles were not always identified, and although team members wear identification (ID) badges, they were usually covered by sterile gowns and other routine personal protective equipment (PPE). Purpose: The aim of this Doctor of Nursing Practice (DNP) project was to determine if a simple intervention to apply the individual’s name and role to a scrub cap could improve identification, OR team communication, and consequently, patient safety. The participants in this project consisted of nurses, physicians, anesthesia providers, scrub technicians, students, medical sales representatives, and those that identified as …

On Paradoxical Examples Of Real Functions, Cheng-Han Pan

Graduate Theses, Dissertations, and Problem Reports (ETD)

This dissertation is a summary of the author's research work, supervised by Professor Krzysztof Ciesielski, based on three published articles in the Journal of Mathematical Analysis and Applications and one published article in the Banach Journal of Mathematical Analysis. Our work focuses on the study of paradoxical real functions regarding differentiability and generalized continuity within the foundations of real analysis. The reasons why they are paradoxical are directly connected to their definitions, which will be provided and explained in the later texts. Note that all functions discussed in the dissertation are single-variable and real valued, that is, well-defined from a …

Strength In Numbers: A Field Experiment In Gender, Influence, And Group Dynamics, Olga B. Stoddard, Christopher F. Karpowitz, Jessica Preece

Faculty Publications

Policy interventions to increase women’s presence in the workforce and leadership positions vary in their intensity, with some including a lone or token woman and others setting higher quotas. However, little is known about how the resulting group gender compositions influence individuals’ experiences and broader workplace dynamics. In this paper, we investigate whether token women are disadvantaged compared to women on majority-women mixed-gender teams. We conducted a multi-year field experiment with a top-10 undergraduate accounting program that randomized the gender composition of semester-long teams. Using laboratory, survey, and administrative data, we find that even after accounting for their proportion of …

The Innovation And Reporting Consequences Of Financial Regulation For Young Life-Cycle Firms, Abigail Allen, Melissa F. Lewis-Western, Kristen Valentine

Faculty Publications

Firm life-cycle stage reflects a firm’s current strategic direction toward exploration independent of age or size. We provide evidence that young life-cycle firms are particularly vulnerable to negative innovation consequences from financial regulation but do not appear to experience any compensating financial reporting quality (FRQ) benefits. Using a generalized difference-indifferences design around Sarbanes Oxley Act of 2002 (SOX), we document a significant reduction in both research and development (R&D) spending and innovation outputs for young life-cycle stage firms after regulation. Declines in innovation manifest both from the diversion of scarce resources and from the imposition of an organizational culture mismatched …

Accounting Academics Perceptions Of 12 Research Journals, F. Greg Burton, William G. Heninger, Scott L. Summers, David A. Wood

Faculty Publications

This paper reports perceptions of over 1,000 accounting faculty regarding 12 accounting journals (including the traditional Top 3/6), specifically in: (1) how open they are to diverse topic areas, (2) how open they are to diverse research methodologies, (3) how effectively they produce new and useful knowledge for academics, and (4) how effectively they produce new and useful knowledge for non-academic stakeholders. We find that the traditional Top 3/6 journals do not lead the academy along these four dimensions; in fact, some are viewed as the worst performers in these areas. Furthermore, we find that academics have a relatively poor …

Opioid Medication Use And Blood Dna Methylation: Epigenome-Wide Association Meta-Analysis, Mikyeong Lee, Roby Joehanes, Daniel L. Mccartney, Minjung Kho, Anke Hüls, Annah B. Wyss, Chunyu Liu, Rosie M. Walker, Sharon L.R. Kardia, Thomas S. Wingo, Adam Burkholder, Jiantao Ma, Archie Campbell, Aliza P. Wingo, Tianxiao Huan, Sinjini Sikdar, Amena Keshawarz, David A. Bennett, Jennifer A. Smith, Kathryn L. Evans, Daniel Levy, Stephanie J. London

Mathematics & Statistics Faculty Publications

Aim: To identify differential methylation related to prescribed opioid use. Methods: This study examined whether blood DNA methylation, measured using Illumina arrays, differs by recent opioid medication use in four population-based cohorts. We meta-analyzed results (282 users; 10,560 nonusers) using inverse-variance weighting. Results: Differential methylation (false discovery rate <0.05) was observed at six CpGs annotated to the following genes: KIAA0226, CPLX2, TDRP, RNF38, TTC23 and GPR179. Integrative epigenomic analyses linked implicated loci to regulatory elements in blood and/or brain. Additionally, 74 CpGs were differentially methylated in males or females. Methylation at significant CpGs correlated with gene expression in blood and/or brain. Conclusion: This study identified DNA …

Standardizing Assessment Of Spoken Discourse In Aphasia: A Working Group With Deliverables, Tyson G. Harmon, Brielle C. Stark, Manaswita Dutta, Laura L. Murray, Lucy Bryant, Davida Fromm, Brian Macwhinney, Amy E. Ramage, Angela Roberts, Dirk B Den Ouden, Kris Brock, Katy Mckinney-Bock, Eun Jin Paek, Si On Yoon, Charalambos Themistocleous, Hyunsoo Yoo, Katharine Aveni, Stephanie Gutierrez, Saryu Sharma

Faculty Publications

Purpose: The heterogeneous nature of measures, methods, and analyses reported in the aphasia spoken discourse literature precludes comparison of outcomes across studies (e.g., meta-analyses) and inhibits replication. Furthermore, funding and time constraints significantly hinder collecting test-retest data on spoken discourse outcomes. This research note describes the development and structure of a working group, designed to address major gaps in the spoken discourse aphasia literature, including a lack of standardization in methodology, analysis, and reporting, as well as nominal data regarding the psychometric properties of spoken discourse outcomes. Method: The initial initiatives for this working group are to (a) propose recommendations …

Suffolk University Academic Catalog, College Of Arts And Sciences And Sawyer Business School, 2022-2023, Suffolk University

College of Arts and Sciences and Sawyer Business School Academic Catalogs

This catalog contains information for both the undergraduate and graduate programs in the College of Arts and Sciences and the Sawyer Business School.

University And Law School Personnel, South Dakota Law Review

South Dakota Law Review

No abstract provided.