Digital Commons Network^™

State Complicity And The Threshold Of Knowledge: From Fragmentary Evidence To Evidentiary Saturation, Christina Bradic

Case Western Reserve Journal of International Law

The International Court of Justice’s (ICJ) 2007 judgment in Bosnia v. Serbia turned on evidentiary gaps. Although the ICJ recognized that genocide had been committed at Srebrenica, it declined to hold Serbia complicit, reasoning that the record did not prove awareness of genocidal purpose. Intelligence was piecemeal, contemporaneous witnesses were scarce, and the ICJ refused to infer knowledge absent direct proof.

Two decades later, the evidentiary environment looks radically different. In October 2024, ninety-nine American healthcare professionals who had volunteered in Gaza sent an open letter to the White House reporting that children with gunshot wounds to the head or …

Closing Remarks To The American Society Of International Law 2025 Midyear Meeting, Rt. Hon. Alex Chalk Kc

Case Western Reserve Journal of International Law

No abstract provided.

Talking Foreign Policy: "Turning Points And Paradigm Shifts In U.S. Foreign Policy" June 23, 2025 Broadcast, Talking Foreign Policy

Case Western Reserve Journal of International Law

No abstract provided.

Individual Olympic Athlete Participation Model: Moving Toward The Standardization Of International Olympic Committee Sanction Power, Claire Fedor

Case Western Reserve Journal of International Law

In 2024, at the Paris Olympic Games, the Russian Olympic Committee was notably absent; however, the International Olympic Committee admitted a select group of Russian and Belarusian athletes to compete under the title “Individual Neutral Athlete.” The athletes’ eligibility was determined by an Individual Neutral Athlete Eligibility Review Panel, and their participation required strict adherence to specifically tailored principles. This model is the most recent approach to permitting individual athletes’ participation despite their National Olympic Committee (NOC)’s suspension from the Olympic Games. This Note examines the absence of a uniform application for individual athlete participation in the Olympic Games amid …

Equal-Access Extraction: Necessary Revisions To The Extent Of The 1920 Svalbard Treaty Due To Norway's Deep-Sea Mining Decision, Louden J. Keihl

Case Western Reserve Journal of International Law

Svalbard’s 100-year-old governing treaty, the Svalbard Treaty, has been the cause of several disputes regarding its applicability to maritime zones not developed at the time of its negotiation. This Note argues that, considering Svalbard’s importance, the different treaty parties should renegotiate and revise the Svalbard Treaty to clarify ambiguities regarding its geographic scope. The reasons why the dispute has not been solved to date and the differing views on the Treaty’s geographic scope are also discussed. Potential clarifying language is proposed and analyzed. (from the author)

The Doctor Won't See You Now: Legal Proscriptions For Medical Tourism Control And Regulation, Shenley W. Wish

Case Western Reserve Journal of International Law

The Medical Tourism industry has experienced remarkable growth in the past decade and is tracking to exceed that growth dramatically in the coming decade. With this rapid expansion, however, comes growing pains—predominantly lackluster patient safety. This Note examines the opportunities and challenges that would arise from regulating Medical Tourism through an international treaty, recognizing that an international treaty approach provides the most comprehensive and practically feasible solution for addressing complex cross-border constraints to create a safer global medical industry. (from the author)

Prescribed Fire Liability And Administration In Western States: An Empiricalanalysis And Call For Reform, Stephen R. Miller, Anastasia Telesetsky

Utah Law Review

Wildfires have grown exponentially over the last few years due to fuel loads, range- and timber-management policies, and climate change. The cost of fire suppression is also growing in both rural and urban areas. For instance, the 2016 Pioneer Fire in rural Idaho cost around $100 million to fight, while the 2025 urban conflagrations in Los Angeles, California destroyed over 16,000 structures despite an astonishing array of suppression resources deployed. Something new, and something big, in terms of law and policy interventions, is needed to stem the intensity of wildfires. Increasingly, governments, private citizens, and even corporate interests like insurance …

The Idea Of Air, Jonathan Skinner-Thompson

Utah Law Review

How we view air, especially clean air, has meaningful normative and practical implications. Today, it is commonly recognized as an exhaustible natural resource. But air was not always thought of as something to be conserved, developed, and used. This Article is the first to explore and interrogate that view. The shift to seeing air as a resource started in the first part of the twentieth century. Previously, air was characterized by its limitless supply of oxygen: a pure public good. Over time, the quality of that good changed, and a precious resource emerged. That resource—especially its chemical and physical characteristics—inspired …

Protecting Wild Animal Abundance, Natalie Jacewicz

Utah Law Review

Americans today encounter billions fewer wild animals than their grandparents did. These ongoing losses affect an enormous array of interests, including billions of dollars in costs to agriculture, tourism, and land management, as well as lost wildlife encounters. Dramatic declines in wild animal abundance reveal a blind spot in American law: In general, environmental law does not aim to protect the “supply” of wild animals we think of as common. Because scientists have only recently begun to appreciate the scale of common animal loss, the phenomenon has received comparatively little attention from legal scholars. This Article sets forth the problem …

Gorsuch’S Dissent And The Current State Of Navajo Water Rights Claims, William Clark

Utah Law Review

Water rights have been a key feature of the Navajo Nation’s relationship with the United States. Since the time the Navajo were forcibly removed to the Bosque Redondo in the 1860s, the Tribe has fought for sufficient access to water. A key, but unfortunate, moment in this dispute came when the United States Supreme Court, in Arizona v. Navajo Nation, determined that the 1868 treaty between the United States and the Navajo Nation did not require the United States to take steps to secure water for the Tribe. The Navajo Nation is now on the cusp of settling its Colorado …

The Dinosaur Age Is Over: The Case For Congressionally Reforming The Generalmining Law Of 1872, Andie Madsen

Utah Law Review

Bold legislative action is essential to modernize an outdated regulatory framework that no longer serves the public interest. By reforming the General Mining Law of 1872, the United States can advance towards a more sustainable and equitable future, leveraging its mineral resources to benefit all citizens and support the global transition to renewable energy. The urgency of this moment demands decisive action, as the implications for our environment and society are profound. Although Congress has not yet proven its capabilities in overcoming division and moving past legislative gridlock, it must rise to the occasion.

Intertidal Seagrass Meadows In South West England: The Ecology Of Expansion, Oliver Thomas

School of Biological and Marine Sciences Theses

Within the space of a decade, intertidal sediments in the Tamar estuary, South West England, have undergone a shift from unvegetated mudflats to dense perennial seagrass habitat. Yet despite the increasing prevalence of intertidal seagrass meadows in the South West, there are large knowledge gaps relating to intertidal meadow biodiversity, function and ecosystem service provision, particularly within the context of the estuarine meadows of the South West: as such we do not fully understand the implications of this recent colonisation within the Tamar. This study aims to characterise the spatial expansion of these newly-established Zostera marina meadows using Earth observation …

Plastic Pollution: Investigating Environmental Pathways And Critically Evaluating Interventions, Florence Parker-Jurd

School of Biological and Marine Sciences Theses

Plastics are lightweight, versatile, and durable materials used in the manufacture of a wide range of products. Innovation in the early 1950’s facilitated a dramatic reduction in production costs with the potential to mass produce inexpensive convenience items intended for single use applications. As a consequence, plastic production has grown exponentially over the last 75 years, and a throw away culture of single use has become deeply engrained in modern society. Plastic production exceeds 450 million tonne/yr, substantially exceeding our capacity to manage associated waste resulting in pollution accumulating in every compartment of the natural environment. While plastic pollution has …

Large-Scale Coastal Dynamics: New Incites From Lidar And Satellite Remote Sensing, Aikaterini Konstantinou

School of Biological and Marine Sciences Theses

This thesis leverages remote sensing methods to advance understanding of shoreline morphodynamics from storm to decadal timescales, focusing on three interrelated objectives. First, regional patterns and timescales of beach recovery following the extreme 2013/14 winter were quantified using bi-annual LiDAR and RTK-GNSS surveys of 23 south-west England sites. Recovery trajectories exhibited consistent patterns aligned with pre-existing storm response classifications, demonstrating that both storm response and post-storm recovery can be classified into four groups governed by intrinsic geomorphological and hydrodynamic controls. Almost 90% of sites had recovered at least 75% of lost sediment within three years, while some fully exposed beaches …

Coping With Climate Change: The Role Of Plasticity Within And Across Generations, Caitlin Mcandry

School of Biological and Marine Sciences Theses

Climate change is leading to increased mean temperatures and more frequent and severe temperature anomalies, threatening organisms globally. Phenotypic plasticity, the ability of a given genotype to express different phenotypes in different environments, may offer a mechanism that allows organisms to temporarily persist in a rapidly changing environment, ultimately buying time for genetically based adaptations to evolve. Plasticity has been demonstrated both within and across generations, in response to different environmental stressors. However, our understanding of the interactive effects of plastic responses across levels of biological organisation, and over temporal scales from hours to generations, is still limited. Additionally, we …

Application Of Coastal Change Management Areas (Ccmas) For Coastal Adaptation To Climate Change Impacts In Sw England, Josie-Alice Kirby

School of Biological and Marine Sciences Theses

Coastal Change Management Areas (CCMAs) were introduced into the English planning system in 2012 to enable anticipatory management of long-term coastal change. However, their implementation has been limited and inconsistent, reflecting uncertainty in how future shoreline change should be defined and translated into statutory planning boundaries. This thesis addresses the gap between national coastal adaptation policy and the scientific evidence required to support its practical application.The research combines policy analysis, geomorphological classification and probabilistic modelling to develop a structured framework for delineating areas of future coastal change. Chapter 2 evaluates the national implementation of CCMAs and demonstrates substantial variability in …

From Public To Policy How Jellyfish Data And Citizen Science Can Be Used For Biodiversity Management, John Terenzini

School of Biological and Marine Sciences Theses

Long term biodiversity data is necessary for detecting biological and ecological changes to marine ecosystems. The data can inform marine policy, yet data are often lacking for some species and traditional data collection approaches can be logistically challenging and expensive. Jellyfish are one taxon for which data are lacking, and data collection can be challenging due to their life history traits and the inherent challenges of marine research. This research aims to provide evidence for the importance of monitoring jellyfish, demonstrate the effectiveness of citizen science for monitoring jellyfish, and examine how jellyfish monitoring data can inform international frameworks. The …

Maine Law Magazine - Issue No. 100, University Of Maine School Of Law

Maine Law Magazine

Features

• Maine Law’s Privacy Program Continues to Innovate
  How Maine Law’s privacy and innovation programs are preparing students for emerging legal challenges.

• New Business & Law Clinic
  Strengthening Maine’s economy one startup at a time.

• Global Experiential Learning
  From the Arctic Circle to U.N. climate negotiations, students engage with environmental law where it happens.

• Rural Access to Justice
  The Rural Practice Clinic’s impact on Maine’s growing justice gap.

• Law & Conservation Efforts
  How Maine Law alumni steward change and safeguard the future through environmental advocacy.

• Supporting Maine’s Vulnerable
  The Refugee & Human Rights Clinic expands access to justice across Maine. …

Factors That Impact K-6th Grade Teachers’ Sense Of Self-Efficacy: A Mixed Methods Study, Becky A. Eckburg

West Chester University Graduate Theses, Dissertations, and Final Projects

Although there have been efforts to narrow the "achievement gap," research shows that the academic achievement levels of students in low socioeconomic school settings are likely to be significantly lower than the academic achievement levels of students in higher socioeconomic school settings (Babayiğit et al., 2021; Rahman et al., 2024). Studies also show that teachers have a significant impact on their students' growth, no matter what their academic setting may be (Petek & Pope, 2023), and that collective teacher self-efficacy is a significant factor in positive student achievement (Hattie, 2008). If targeted professional development could support teachers' self-efficacy, student achievement …

Structures Of Fantasy In Terry Gilliam's 'Time Bandits', Sean Fash

West Chester University Graduate Theses, Dissertations, and Final Projects

Terry Gilliam’s use of fantasy genre conventions in his filmography is obvious in presence, but elusive in understanding.  Time Bandits, as an early entry into this filmography, simultaneously seems to mock and embody these genre conventions.  This paper seeks to find a way to understand Time Bandits on a structural level through existing frameworks in fantasy criticism and to see what deeper meanings the film holds behind its silly, fantastical presentation.  These structural templates of analysis are John Clute’s “full fantasy model” from his Encyclopedia of Fantasy and Farah Mendlesohn’s “portal quest fantasy” from her Rhetorics of Fantasy.  By deconstructing …

From Pañales To Partnership: An Ethnographic Investigation Of Knowledge, Gender, And Power Within A Family Literacy Program, Sara Mohler

West Chester University Graduate Theses, Dissertations, and Final Projects

Within research on family literacy programming (Lynch & Prins, 2021), few studies bring together assets-based perspectives on knowledge and power alongside critical feminist lenses. This qualitative case study (Dyson & Genishi, 2005; Yin, 2018) informed by ethnography (Alonso Bejarano et al., 2019; Desmond, 2014; Günel & Watanabe, 2024) aimed to understand the culture of one family literacy program serving primarily Mexican-American families, named here the Treehouse Preschool, giving particular attention to the intersecting elements of knowledge, gender, and power as they are enacted across the roles and relationships of families and personnel participating in in the program. Data for this …

Prevalence And Incidence Of Heart Failure Phenotypes Among Transgender And Gender-Diverse Adults In The United States, Ian K. Everitt, Emily K. Quinn, Meredith S. Duncan, Chris Grasso, Sari L. Reisner, Guneet K. Jasuja, Tonia Poteat, Ayelet Shapira-Daniels, Howard Cabral, Vin Tangpricha, Michael K. Paasche-Orlow, Emelia J. Benjamin, Monica Mukherjee, Carl G. Streed

Biostatistics Faculty Publications

BACKGROUND: Prevalent and incident heart failure (HF) and its comorbidities have not been characterized in transgender and gender-diverse (TGD) populations. This study determines the prevalence and incidence of HF phenotypes by gender identity. METHODS: A retrospective cohort analysis was performed using deidentified administrative claims from the Optum Labs Data Warehouse (2006-2022). TGD adults and a sample of demographically similar cisgender comparators were identified using a validated algorithm, and gender identity was categorized as cisgender man, cisgender woman, transmasculine, transfeminine, or unclassified TGD. Prevalent and incident HF, including systolic, diastolic, and unclassified phenotypes, were assessed using diagnosis codes. Multivariable logistic and …

Unexpected Longevity In Myasthenia Gravis, Bhupendra O. Khatri, Scott Schutten, Sergey Tarima

Biostatistics Faculty Publications

Background: This study compares age at death in patients with myasthenia gravis (MG) and multiple sclerosis (MS) with the general U.S. population and examines age at death patterns during a period preceding modern high-efficacy therapies. Objective: To compare age at death among individuals with MG and MS with the general population and assess differences in age at death between MG and MS. Design: Retrospective population-based study using death certificate data from four U.S. states (Florida, Wisconsin, Texas, and New York) for 2000, 2005, 2010, and 2015. Methods: Individuals with MG or MS listed on death certificates were identified. Age at …

Catwalk Xt Enables Sensitive Detection Of Locomotor Deficits After C2 Hemisection And Integrates Readily Into Ongoing Experimental Workflows In Adult Female Rats, Aaron L. Silverstein, Christopher M. Calulot, Christopher J. Mclouth, John C. Gensel, Warren J. Alilain

Biostatistics Faculty Publications

Over half of all spinal cord injuries (SCIs) in the United States occur at the cervical level and often cause both life-threatening breathing dysfunction and profound locomotor deficits. Although the C2 hemisection (C2Hx) model is vital for study of breathing dysfunction after experimental SCI, post-C2Hx locomotor deficits have only been assessed by metrics such as the Martínez Scale and ladder tests, which require time-intensive scoring by human observers. However, the CatWalk XT Gait Analysis system (Noldus Information Technology) delivers automated, quantitative assessment of interlimb coordination, gait cycle, and paw function, providing robust locomotor data in a time-efficient and practical manner. …

Integration Of Community-Engaged Research Technology And Methods To Guide Tobacco Regulatory Science In Rural Communities, Melissa H. Abadi, Stephen R. Shamblen, Mary Kay Rayens, Kirsten T. Thompson, Amy Wildman, Kathy Rademacher, William Wieczorek, Raphael Nishimura, Shyanika W. Rose, Mikhail N. Koffarnus, Seth Himelhoch, Ellen J. Hahn

Biostatistics Faculty Publications

Objective – This study aims to build a rural Appalachian cohort to examine how US Food and Drug Administration (FDA) Center for Tobacco Products (CTP) regulatory policies influence tobacco and nicotine product use across levels of rurality. Methods – The AppalTRUST (Appalachian Tobacco Regulatory Science Team) Cohort integrates four inter-connected Community-engaged Research + Technology (CEnRT) elements to support recruitment and retention: (1) building trust and cultural relevance; (2) addressing barriers to participation in research; (3) focusing on ethics and confidentiality; and (4) fostering ongoing and consistent collaboration between the scientific and field teams. The study uses a dual sampling design …

Raising The Profile Of Collaborative Biostatisticians In Team Science, Margaret R. Stedman, C. Christina Mehta, Emily Slade, Patricia L. Hibberd, Glenn M. Chertow, Robert H. Podolsky, Sowmya R. Rao

Biostatistics Faculty Publications

Recent emphasis on transdisciplinary teams in science offers an opportunity for biostatisticians to assume roles beyond data management and analysis. Biostatisticians contribute to all phases of research, from hypothesis formulation and rigorous study design to data analysis and interpretation. Yet, their contributions are often underrecognized. We argue for better integration of biostatisticians in research training and team structures. Postgraduate physician-scientist training should include mentorship from biostatisticians and education on collaborative skills. Fully integrating biostatisticians as co-investigators improves rigor, reproducibility, and innovation. Institutional support, including protected time and updated promotion criteria, is essential to support sustained collaboration. Structural changes must address …

Rethinking Team Science Metrics Through Collaborative Guideposts, Kristen J. Mcquerry, Kelsey Karnik, Megan E. Hall, Caitline Phan, Yana Feygin, Emily Slade

Biostatistics Faculty Publications

Introduction – The increasing reliance on interdisciplinary and transdisciplinary teams has reshaped how science is conducted, yet evaluating the success of such teams remains a persistent challenge. Traditional metrics, such as publication counts, impact factors, and citation indices, fail to capture the full scope of team contributions, particularly in contexts where success may be defined by community engagement, mentorship, or long-term collaboration. Methods – In this Perspective, we introduce Collaborative Guideposts, a framework designed to align success metrics with a team’s organizing priorities. We illustrate this approach through two contrasting team models from a biostatistical collaboration center: Team A, a …

The Influence Of Support From Family, Friends, And Community On Perceived Mental Health Status In Diabetes, Courtney L. Ortz, Meredith S. Duncan, Oluwatosin Leshi, Suraksha Khanal, Brittany Smalls

Biostatistics Faculty Publications

Strong social support is a protective factor in diabetes and mental health management. The purpose of this study was to examine the influence of the type of support on perceived mental health status among people with diabetes. We used data from the 2021 Household Component of the Medical Expenditure Survey (MEPS). Regression models assessed the association between mental well-being (outcome) and expected help from family, friends, and the community (exposure). Support from both friends and family were significantly associated with better mental well-being, adjusting for covariates. Secondary analyses showed that those who reported greater anticipated support from family were more …

Body Mass Index Has No Impact On Complications And Mortality For Patients With Stage Iv Pancreatic Ductal Adenocarcinoma, Ren Bryant, Hannah Darnell, Megan Hall, Kelsey N. Karnik, Kristen J. Mcquerry, Ruben R. Plentz

Biostatistics Faculty Publications

Background: Pancreatic ductal adenocarcinoma (PDAC) is one of the leading causes of United States (USA) cancer death. Overweight and obesity developing into a growing global medical and socio-economic problem, affecting approximately 42% of adults in the USA population. The aim of our analysis was to evaluate the influence of overweight and obesity on complications and clinical outcome in patients with stage IV PDAC.

Methods: We retrospectively reviewed electronic health records of patients diagnosed with stage IV PDAC (n=162) who followed with the University of Kentucky from January 2017–October 2024. Comparisons were based on the body mass index (BMI): low BMI …

The Multidimensional Impacts Of Poverty On Adolescent Outcomes, Klarence Baker

Graduate Research Papers

Poverty is a pervasive, multidimensional phenomenon that extends beyond financial scarcity to encompass a lack of both tangible and intangible resources necessary for healthy development. This research article synthesizes current literature to explore the profound impacts of poverty on adolescents specifically examining how economic hardship influences long term outcomes in financial attainment, educational success, and physical and mental health. This study investigates how cooccurring risk factors can disrupt neural development and social trajectories. The primary purpose of this study is to assess the duration and severity of poverty exposure and its lasting effects extending into adulthood. This research examines three …