Digital Commons Network^™

303 Creative For Everyone?, Mark Satta

West Virginia Law Review

Does the holding in 303 Creative v. Elenis give businesses open to the public a constitutional right to refuse to provide expressive services for interracial couples’ weddings, interfaith couples’ weddings, or for couples’ weddings in which one or both partners are disabled? As indicated by questions raised during oral arguments, this is one of the troubling new legal questions created by the Supreme Court’s 303 Creative decision where the Court held that a Colorado web design business had a First Amendment free speech right to refuse to provide wedding website services for same-sex couples’ weddings. Understandably, both the Court’s conservative …

Front Matter

West Virginia Law Review

No abstract provided.

Litigating Loper Bright: Interpretive Challenges And Solutions For The Post-Chevron Era, Eric R. Bolinder

West Virginia Law Review

This Article arrives at a critical juncture in Administrative Law and comprehensively answers two burning questions about Loper Bright Enterprises v. Raimondo, the case that overturned Chevron deference. First, what did Loper Bright change about review of agency action? Second, how should lower courts implement the decision? This Article engages in a first-of-its-kind, exhaustive review of the major circuit court decisions citing Loper Bright and analyzes how influential judges, scholars, and justices have characterized the impact of the decision. The Article defines what role Skidmore “deference” and the major questions doctrine should play in judicial review—while seriously questioning the long-term …

Foreshadowing The "Stop Campus Hazing Act": Education, Prevention, And University Liability, Gregory S. Parks, Victoria Surati

West Virginia Law Review

On December 23, 2024, President Joseph R. Biden signed into law the Stop Campus Hazing Act (the “SCHA”). The SCHA amends the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act, 20 U.S.C. § 1092(f), a subsection of the Higher Education Act of 1965 (the “Clery Act”). The SCHA defines “hazing” and “student organization,” expands the current Annual Security Reporting requirements, calls for a new form of reporting, and requires policies relating to hazing. It also requires each covered institution of higher education to publish a policy statement regarding hazing awareness and prevention programs that includes a …

Asylum Eligibility: A Circuit Split Between The Second And Fourth Circuits Based Upon Death Threats Rising To The Level Of Persecution Per Se, Taylor Cochran

West Virginia Law Review

Asylum eligibility requires applicants to satisfy a three-pronged set of requirements in order to be granted admission into the United States. In a July 2024 decision, the Second Circuit court issued a decision that challenged a line of precedent established by the Fourth Circuit—specifically examining whether death threats rise to the persecution threshold set by the Immigration and Nationality Act (“INA”). The Second Circuit now holds that the receipt of death threats alone is insufficient to establish persecution, thereby making alien petitioners who have received such threats ineligible for asylum or related forms of relief from removal. In contrast, the …

"Tik Tok" On The Clock: It's Time To Amend Section 230, Mackenzie G. Howe

West Virginia Law Review

The Communications Decency Act (“CDA”), enacted in 1996, was designed to support the rapid growth of the Internet, advancing access to political information, educational resources, culture, entertainment, and news. However, Section 230 of the CDA includes a key provision that grants nearly absolute immunity to online platforms such as Facebook, X, and TikTok. This provision states: “No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider.” Despite the Supreme Court’s apprehension to reexamine Section 230, the Third Circuit took a novel approach to potentially …

Request For Modification 25-031 To The Long-Term Monitoring And Maintenance Plan Of The Mixed Waste Landfill And The Resource Conservation And Recovery Act Facility Operating Permit Renewal Request, Sandia National Laboratories/New Mexico, Epa Id Nm5890110518, Sandia National Laboratories/Nm Snl

Facilities-Units

The Department of Energy/National Nuclear Security Administration (DOE/NNSA) and Sandia National Laboratories, New Mexico (SNL/NM) have requested modifications to the Resource Conservation and Recovery Act Facility Operating Permit (Permit) for Sandia National Laboratories/New Mexico. The requested modifications consist of revisions to the Mixed Waste Landfill (MWL) Long-Term Monitoring and Maintenance Plan (LTMMP), which is incorporated by reference into Permit Attachment M, "Long-Term Monitoring and Maintenance Plan for Solid Waste Management Units and Areas of Concern Granted Corrective Action Complete with Controls." The MWL is also known as Solid Waste Management Unit (SWMU) 76.

The DOE/NNSA and SNL/NM propose to update …

Western Australian Regional Development Trust Annual Report 2024-25, Department Of Primary Industries And Regional Development, Western Australia

Western Australian Regional Development Trust Annual Reports

The Trust is an independent statutory advisory body to the Minister for Regional Development, established under the Royalties for Regions Act 2009 (Act).

The functions of the Trust are to provide advice and make recommendations to the minister:

• for the purposes of sections 5(2) and 9(1) of the Act; and
• on any other matter relating to the operation of the Fund that is referred to it by the minister.

In addition to its monitoring and advisory role, the Trust also works to engage and enhance relationships with key regional stakeholders and influencers to promote greater collaboration and innovation in the …

Development Of A School Nurse Simulation Boot Camp, Jodi S. Bullard, Angela Preston, Jenifer Chilton

Nursing Faculty Publications and Presentations

A school nurse continuing education program was developed by School of Nursing faculty at an East Texas university, providing school nurses with documented competence in nursing skills focused on equitable health outcomes. The 8 hr School Nurse Boot Camp program consisted of a keynote address on local pediatric health topics and a series of 30-min speed simulations focused on mental and physical health issues. A total of 62 school nurses attended the three boot camp offerings during the 2023/2024 academic school year and represented a student population of 78,275. Participants indicated satisfaction with the event and interest in future continuing …

“Small” Voices, Big Wins: Analyzing Remedies In Children’S Climate Cases, Maria Antonia Tigre

Sabin Center for Climate Change Law

Children’s climate litigation has emerged as a powerful tool to address the climate crisis, with young plaintiffs around the world taking governments and corporations to court to demand climate action. This Article examines successful cases — those in which relief sought by the applicants was fully or partially granted — across five continents, providing an “around the world” perspective on the evolution and impact of youth-led climate litigation. Focusing on landmark cases in Australia, Colombia, South Africa, South Korea, and the United States, this analysis highlights the arguments presented by young plaintiffs and the judicial reasoning that supported the relief …

Using Hydraulic Simulations To Determine The Effects Of Tidal Behavior And Riparian Restoration On Chorro Creek, Jonathan L. Maas

Master's Theses

This thesis examines how tidal backwater effects and riparian restoration influence flooding in the Chorro Creek watershed, a major tributary to the Morro Bay Estuary on California’s Central Coast. Restoration efforts, including levee removal, floodplain reconnection, and revegetation have attempted to improve ecological function and reduce sediment transport. However, recent flood events suggest that these changes may also affect local hydraulics in ways not fully anticipated, particularly under the influence of tides and sea level rise. To analyze these dynamics, a two-dimensional HEC-RAS model was developed using LiDAR terrain, historical imagery, and field data collected from pressure and ultrasonic gauges. …

Elevating Entrepreneurship With Generative Artificial Intelligence, Yaojie Li, John Kirk Ring, Dan Jin, Saleh Bajaba

Management and Marketing Faculty Publications

Generative artificial intelligence (GenAI) transforms the entrepreneurial landscape by providing contextual information, identifying viable opportunities, and facilitating entrepreneurial decision-making. Despite the growing acknowledgment of its use in entrepreneurial activities, this field lacks a robust theoretical framework and practical implementation. This study seeks to fill this gap by drawing on information behavior literature to explore the effect of GenAI across the entrepreneurial spectrum. By leveraging large language models and prompt engineering patterns, we examined how GenAI could generate accurate, relevant, and inspiring content through various interaction scenarios. Our findings suggest that GenAI significantly mitigates early-stage entrepreneurial information asymmetry and supports sophisticated …

In Remembrance Of Carolyn Potter, Joseph Drew

Comparative Civilizations Review

Carolyn served for the past decade as the Senior Editor of this journal. She was responsible for several aspects of production, including article formatting, the CCR style guide, and copy editing, and she served as the first stop in reviewing, weighing the academic merit of submissions. Her intellectual conclusions were invariably accurate.

Resisting Islamophobia: “Westophobia” In Social Media, Peter O'Brien, Jordan Nelson

Comparative Civilizations Review

Both the practice and study of Islamophobia repose on the concept of comparative civilizations. Purveyors of Islamophobia use what Roger Westcott calls a “denotative” understanding to posit an objective conflict (or “clash” à la Samual Huntington) between Western and Islamic civilizations. Scholars who analyze Islamophobia tend to take what Westcott calls a “connotative” approach that views civilizations as subjective, social constructs (à la Edward Said’s “Orient”).

Despite many advantages, the latter approach tends to dismiss the agency of Muslims to resist Islamophobia. This article counters that trend by exploring Islamist resistance to Islamophobia, to which we give the shorthand label, …

Academic Civilization: Expansion And Development, Inbar Gotlib Gotlib-Rivkin

Comparative Civilizations Review

The concept of academic civilization was developed out of and in relation to that of modern civilization. Prominent characteristics of modern civilization are reflected in institutions of higher education, and they can therefore be regarded as constituting a civilization. The six main characteristics of institutions of higher education that render them a civilization include expansion in terms of scope and growth, flexibility and institutional diversity, center-periphery relations, academic culture, autonomy and academic freedom, and the monopolization of professional training and the professional middle class. This paper addresses the first characteristic — expansion of institutions of higher education — and …

Books Of Interest Fall 2025, Stephen T. Satkiewicz

Comparative Civilizations Review

Books that may be of interest to scholars of the comparative study of civilizations, and may add significantly to the body of scholarship in the civilizational field. These books are also available for book reviews in future editions of Comparative Civilizations Review.

End Matter

Comparative Civilizations Review

No abstract provided.

Ontology Accelerates Few-Shot Learning Capability Of Large Language Model: A Study In Extraction Of Drug Efficacy In A Rare Pediatric Epilepsy, Pedram Golnari, Katrina Prantzalos, Veronica Hood, Mary Anne Meskis, Lori L Isom, Karen Wilcox, Jack M Parent, Dennis Lal, Samden D Lhatoo, Howard P Goodkin, Elaine C Wirrell, Kelly G Knupp, Manisha Patel, Jeffrey A Loeb, Joseph E Sullivan, Lauren Harte-Hargrove, Brandy E Fureman, Jeffrey Buchhalter, Satya S Sahoo

Faculty, Staff and Student Publications

OBJECTIVE: Dravet Syndrome (DS) is a developmental and epileptic encephalopathy that is characterized by severe, prolonged motor seizures and high resistance to multiple antiseizure medications (ASMs) with multiple comorbidities. Evaluating the efficacy of new drugs in DS preclinical models and mapping them to human phenotypes of DS through analysis of published literature is an important goal for improving outcomes in this rare pediatric epilepsy.

MATERIALS AND METHODS: Large language models (LLM) have demonstrated great promise in parsing published literature; however, the performance of LLMs falls short in medical applications. In this study, we investigate the effectiveness of domain ontology developed …

Telemedicine-Based Cognitive Behavioral Therapy (Tenacity) For Veterans With Chronic Migraine: A Pilot Randomized Controlled Trial Protocol., Teresa M Damush, Samantha M Calcatera, Olivia Datre, Lindsey Hayley, Charles Austin, Emily L Schlitz, Carin Lea Eubanks, Lynnie Harrison, Doyle Yuan, Stanley Taylor, Mindy Flanagan, John Ney, Elizabeth K Seng, Jason J Sico, Amy S Grinberg

Health Services and Informatics Research

BACKGROUND: Behavioral interventions for people with headache (HA) diseases have demonstrated clinical efficacy. Despite strong empirical support and endorsement by professional practice organizations, behavioral interventions are not widely accessible to HA patients. Clinic-based behavioral treatments remain inaccessible to many. The objectives of this study are to conduct a pilot randomized controlled trial and to determine the feasibility of the implementation of a cognitive behavioral therapy protocol for HA (CBT-HA) delivered via telehealth (TENACITY) compared to enhanced HA usual treatment (EHUT).

METHODS/DESIGN: TENACITY is a single-blinded, randomized, controlled, pilot trial with a single intervention arm and an EHUT control arm analyzed …

Reasoning From Injustice, Robert L. Tsai

Michigan Journal of Race and Law

In a series of lectures at Yale Law School, the Harvard political theorist Judith Shklar critiqued leading models of justice as overly abstract and lacking a realistic account of the social dynamics that perpetuate injustice. In this essay, Professor Tsai builds on Shklar’s account of injustice as a social phenomenon by offering a structural reading of key literary texts that explore the nature of legal injustice—from the Book of Job to Harriett Beecher Stowe’s Uncle Tom’s Cabin and Frederick Douglass’s The Heroic Slave. A close reading of these texts permits us to flesh out Shklar’s observations and “give injustice …

(Re)Birth Of A Nation: Reconstruction’S Unfinished Business, Zanita E. Fenton

Michigan Journal of Race and Law

The irony, alluding to the title of the 1915 silent movie Birth of a Nation, seeks to make conspicuous the counter-stories that more authentically account for the “birth” and development of American society. Ku Klux Klan-sponsored propaganda designed to evoke hyper-racist fearmongering and perpetuate sexual paternalism over White women, the plot from Birth of a Nation reflects the paradigmatic race-bait: relentless pursuit of a White woman by a Black man. This storyline was fictionalized, culturally unrealistic and deliberately omitted the very real sexual exploitation of Black women and girls. Birth of a Nation parallels Constitutional history that marginalizes supplemental …

An In-Depth Criticism Of Shaw V. Reno, Katherine M. Perez-Oviedo

Michigan Journal of Race and Law

If I have learned one thing from my semester taking Critical Race Theory, it is that the United States Supreme Court has repeatedly issued decisions that directly impede on remedial efforts to address past racial discrimination. When the question of “how can we use the law to instill social change?” is proposed in class discussion, it is difficult to imagine a world in which the Court would support the progressive measures suggested.

Uncovering Red Flags In The Silver State: Recognizing And Expanding The Corporate Duty Of Oversight In Nevada, Daren Dunaway

Nevada Law Journal

No abstract provided.

Nothing To Gain: The Disparate Impact Of The Capital Gains Tax Preference On Women And Persons Of Color, Ann M. Murphy

Nevada Law Journal

Tax preference provisions are scattered across the Internal Revenue Code, and the capital gains tax rate offers an enormous advantage for wealthy taxpayers. When first enacted, it was touted as eliminating the “lock-in effect” which caused investors to hold on to their investment property. Today, it is justified as encouraging investment and eliminating gains produced merely by the passage of time. The provision’s unequal benefits are hidden from the picture. Although not overtly dis-criminatory, the preference operates as a tax cut for the wealthy. Women and per-sons of color see little benefit from the lower tax rate. The difficulty of …

Build, Buy, Or Both?: On The Antitrust Laws' Supposed Preference For "Internal Growth" Over Acquisitions, Geoffrey A. Manne, Justin (Gus) Hurwitz

Nevada Law Journal

This Article challenges recent claims by antitrust enforcers that the U.S. antitrust laws embody a preference for “internal” or “organic” growth over external expansion through acquisition. It begins by examining the modern use of this claim in speeches, enforcement actions, and the 2023 Merger Guidelines issued by the Federal Trade Commission and Department of Justice. It then considers the legislative history of the 1950 Celler-Kefauver and 1976 Hart-Scott-Rodino Acts, which are frequently cited as showing congressional support for internal growth. Careful reading of these Acts, however, shows that Congress’s central goal was to close a loophole regarding asset acquisitions, and …

A Safe Structure: Utilizing Antitrust Structuralism To Address Institutional Investors In The Housing Market, Vanessa M. Brady

Nevada Law Journal

No abstract provided.

The Worker Fight Against Compelled Listening: The Past, Present, And Future Of Captive Audience Meetings In The Wake Of Amazon.Com, Hailey Simpson

Nevada Law Journal

No abstract provided.

Immigration Detention Expansion By Stealth, Denise Gilman

Nevada Law Journal

No abstract provided.

Understanding Long Covid In National Community-Based Cohort: Symptom Clusters, Symptom Natural History, And Vaccine’S Role As A Prevention Tool, Yanhan Shen

Dissertations and Theses

BACKGROUND: Long COVID, or post-acute sequelae of SARS-CoV-2 infection (PASC), represents a growing public health concern with diverse symptom profiles, unclear risk factors, and evolving evidence on potential prevention strategies. Most studies of Long COVID have relied on electronic health records or convenience samples, which may underestimate mild or community-based cases and lack standardized follow-up, and often do not include pre-infection health information or complete infection histories. This dissertation leverages prospective data from a national community-based cohort to characterize the heterogeneity of Long COVID symptoms, assess symptom trajectories over time, and evaluate the effect of COVID-19 third dose vaccination on …

The First Complete Assembly For A Lungless Urodelan With A “Miniaturized” Genome, The Northern Dusky Salamander (Plethodontidae: Desmognathus Fuscus), Edward A. Myers, Alexander A. Stewart, Aidan E. O’Brien, Jeramiah J. Smith, R. Alexander Pyron

Biology Faculty Publications

Salamanders have some of the largest genomes among animals, driven primarily by expansion of repeat elements and slow rates of DNA loss. However, species in the lungless genus Desmognathus (Plethodontidae) have some of the smallest genomes at ∼13 to 15 GB, though previous sequencing attempts with short-read assemblies were still fragmentary. Here, we assemble an annotated draft genome of Desmognathus fuscus using PacBio HiFi reads and transcriptomic data from 2 specimens from the same population. The combined dataset resulted in a 16.1 GB assembly in 19,632 contigs and an L/N50 of 2,459/1.74 MB, with the longest contig at 27.9 MB. …