Digital Commons Network^™

A Review Of Methods Of Assessing Preference For Social Stimuli, Samuel L. Morris, Madison L. Gallagher, Alva E. Allen

Faculty Publications

Research on preference and reinforcer assessments has historically focused on the evaluation of edible and leisure reinforcers, but the identification and use of individualized social reinforcers may be beneficial for several reasons. Recently, many studies have evaluated methods of assessing preference for social stimuli. The procedures and outcomes across these studies have varied greatly, and the current state of evidence for methods of assessing preference for social stimuli remains unclear. Thus, we conducted a review to synthesize all previous research in this area, evaluate the evidence for the utility of this general methodology, and identify factors that may influence its …

The Impact Of Covid-19, Mental Health Distress, And School-Based Sociocultural Protective Factors Among Elementary-Aged Children And Their Caregivers, Aijah K.B. Goodwin, Anthony J. Roberson, Ar’Reon Watson, Grace L. Chen, Anna C.J. Long

Faculty Publications

Given the individual and systemic stress endured by children and families during the COVID-19 pandemic, research examining culturally responsive school experiences and supports to enhance resilience is critical. This study examined the relationship between caregivers’ perceptions of COVID-19 impact, mental health distress among children and caregivers, and school-based sociocultural protective factors, including culturally responsive practices in schools and the relationships between teachers and caregivers, concurrently and longitudinally. Data were collected from caregivers of elementary-aged children at two-time points from March to April 2020 (N = 174) and one year later in 2021 (N = 114). Regression analyses revealed that COVID-19 …

Measurement Of The Neutron Cross Section On Argon Between 95 And 720 Mev, S. Martynenko, B. Bhandari, J. Bian, K. Bilton, C. Callahan, J. Chaves, H. Chen, D. Cline, R. L. Cooper, D. L. Danielson, J. Danielson, N. Dokania, S. Elliott, S. Fernandes, S. Gardiner, G. Garvey, V. Gehman, F. Giuliani, S. Glavin, M. Gold, C. Grant, E. Guardincerri, T. Haines, A. Higuera, J. Y. Ji, R. Kadel, N. Kamp, A. Karlin, W. Ketchum, L. W. Koerner, D. Lee, K. Lee, Q. Liu

Faculty Publications

We report an extended measurement of the neutron cross section on argon in the energy range of 95-720 MeV. The measurement was obtained with a 4.3-hour exposure of the Mini-CAPTAIN detector to the WNR/LANSCE beam at LANL. Compared to an earlier analysis of the same data, this extended analysis includes a reassessment of systematic uncertainties, in particular related to unused wires in the upstream part of the detector. Using this information we doubled the fiducial volume in the experiment and increased the statistics by a factor of 2.4. We also shifted the analysis from energy bins to time-of-flight bins. This …

Ecophysiology And Genomics Of The Brackish Water Adapted Sar11 Subclade Iiia, V. Celeste Lanclos, Anna N. Rasmussen, Conner Y. Kojima, Chuankai Cheng, Michael W. Henson, Brant C. Faircloth, Christopher A. Francis, J. Cameron Thrash

Faculty Publications

The Order Pelagibacterales (SAR11) is the most abundant group of heterotrophic bacterioplankton in global oceans and comprises multiple subclades with unique spatiotemporal distributions. Subclade IIIa is the primary SAR11 group in brackish waters and shares a common ancestor with the dominant freshwater IIIb (LD12) subclade. Despite its dominance in brackish environments, subclade IIIa lacks systematic genomic or ecological studies. Here, we combine closed genomes from new IIIa isolates, new IIIa MAGS from San Francisco Bay (SFB), and 460 highly complete publicly available SAR11 genomes for the most comprehensive pangenomic study of subclade IIIa to date. Subclade IIIa represents a taxonomic …

Genome-Wide Association Analysis Of Hyperspectral Reflectance Data To Dissect The Genetic Architecture Of Growth-Related Traits In Maize Under Plant Growth-Promoting Bacteria Inoculation, Rafael Massahiro Yassue, Giovanni Galli, Chun Peng James Chen, Roberto Fritsche-Neto, Gota Morota

Faculty Publications

Plant growth-promoting bacteria (PGPB) may be of use for increasing crop yield and plant resilience to biotic and abiotic stressors. Using hyperspectral reflectance data to assess growth-related traits may shed light on the underlying genetics as such data can help assess biochemical and physiological traits. This study aimed to integrate hyperspectral reflectance data with genome-wide association analyses to examine maize growth-related traits under PGPB inoculation. A total of 360 inbred maize lines with 13,826 single nucleotide polymorphisms (SNPs) were evaluated with and without PGPB inoculation; 150 hyperspectral wavelength reflectances at 386–1021 nm and 131 hyperspectral indices were used in the …

How Patents Became Politics, Steven Wilf

Faculty Articles and Papers

Political mobilization in the digital age often coalesces around opposition to the far-reaching protection of intellectual property. Both copyright and patent have materialized as the centerpiece of major political and legal debates that take a variety of forms, including the European pirate parties, NGOs such as the Electronic Frontier Foundation in the United States, and the call for open source software. The commonplace narrative is that self-interested stakeholders over the past century successfully fashioned an ever-expanding intellectual property system, and that resistance to such legal control of knowledge only emerged in our times. By contrast, this article recovers a little-known …

“Þer Watz Mete, Þer Watz Myrþe, Þer Watz Much Ioye”: The Manipulative Sotilte Of Middle English Romance, Kelly Evans

English Theses and Dissertations

The Middle English sotilte and its Middle French counterpart, the entremet, refer to the elements during a feast that conjure wonder. Like “feast” and “banquet,” both terms have been used interchangeably, with the entremet coming to signify a sweet dessert at the end of a meal in modern usage of the term. In Middle English romance, the sotilte of the feast builds upon the connotations that “subtlety” carry—guile, artifice, craft, even deceit.

Perhaps the most well-known of all Middle English sotiltes is the sudden intrusion of the Green Knight during the Christmastide feast in Sir Gawain and the Green …

Just-Right Government: Interstate Compacts And Multistate Governance In An Era Of Political Polarization, Policy Paralysis, And Bad-Faith Partisanship, Jon Michaels, Emme M. Tyler

Indiana Law Journal

Those committed to addressing the political, economic, and moral crises of the day— voting rights, racial justice, reproductive autonomy, gaping inequality, LGBTQ rights, and public health and safety—don’t know where to turn. Federal legislative and regulatory pathways are choked off by senators quick to filibuster and by judges eager to strike down agency rules and orders. State pathways, in turn, are compromised by limited capacity, collective action problems, externalities, scant economies of scale, and—in many jurisdictions—a toxic political culture hostile to even the most anodyne government interventions. Recognizing the limited options available on a binary (that is, federal or state) …

A Newfound Power: How The Ohio Supreme Court Should Approach The Next Partisan Gerrymander, Bradley Davis

Indiana Law Journal

Partisan gerrymandering is a practice as old as the nation itself and a problem both state and federal courts continue to struggle with. In 2015, the people of Ohio overwhelmingly voted to amend the state constitution to prevent overly partisan outcomes in state legislative redistricting. Following the 2021 redistricting cycle, the Ohio Supreme Court narrowly struck down several redistricting proposals in what devolved into a protracted fight with legislators and executive officials. This Note carefully lays out the development of redistricting jurisprudence, Ohio’s relevant constitutional provisions, and various state and federal judicial approaches to alleged gerrymanders. Using a combination of …

The End Of Single-Family Zoning In California: How Chapter 162’S Impact Is More Symbolic Than Transformative, Tooba Naveed

University of the Pacific Law Review

No abstract provided.

Broadband Or Bust: California’S Plan To Close The Digital Divide, Steve Zelezny

University of the Pacific Law Review

No abstract provided.

Quitting Smoking In Early Recovery: Why Chapter 150 Will Have Little Effect On Tobacco Use Reduction, Morgan Graber

University of the Pacific Law Review

No abstract provided.

Ending Guilt By Association: The Step Forward Act’S Attempt To Return The Presumption Of Innocence To California Gang Prosecution, Madison Sykes

University of the Pacific Law Review

No abstract provided.

Zomato Ltd. – Understanding The “Cap Table” From A Governance Perspective, G Sabarinathan

Working Papers

A considerable volume of academic as well as practitioner literature has looked at the financing of startups by venture capital (VC) and private equity (PE) firms. Much of it relates to the North American context and to a lesser extent to continental Europe. At the same time VC and PE industries have been growing in Asian countries, China and India being notably more active than all the others. The practice of early stage investing though is standardized to a substantial degree across different countries. The funding of early stage enterprises by sources such as VC and PE remains shrouded in …

Industrial Concentration In India, Gaurav Ghosh, Subhashish Gupta

Working Papers

Concentration of economic power is usually frowned upon because its social and political effects are substantial and undesirable. On the flip side one can argue that concentration provides the necessary scale to compete in international markets. Researchers use concentration measures like the HHI or Lerner’s Index, but coverage is typically restricted to the specific industries under study. Wouldn’t it be useful to have measures for the universe of industries, and at different levels of aggregation? And then aggregate these to calculate concentration for a country? This would allow us to say, for example, that India is more concentrated than the …

The Court And Capital Punishment On Different Paths: Abolition In Waiting, Carol S. Steiker, Jordan M. Steiker

Washington and Lee Journal of Civil Rights and Social Justice

The American death penalty finds itself in an unusual position. On the ground, the practice is weaker than at any other time in our history. Eleven jurisdictions have abandoned the death penalty over the past fifteen years, almost doubling the number of states without the punishment (twenty-three). Executions have declined substantially, totaling twenty-five or fewer a year nationwide for the past six years, compared to an average of seventy-seven a year during the six-year span around the millennium (1997-2002). Most tellingly, death sentences have fallen off a cliff, with fewer the fifty death sentences a year nationwide over the past …

Severe Mental Illness And The Death Penalty: A Menu Of Legislative Options, Richard J. Bonnie

Washington and Lee Journal of Civil Rights and Social Justice

In 2003, the American Bar Association established a Task Force on Mental Disability and the Death Penalty to further specify and implement the Supreme Court’s ruling banning execution of persons with intellectual disability and to consider an analogous ban against imposing the death penalty on defendants with severe mental disorders. The Task Force established formal links with the American Psychological Association, the American Psychiatric Association, and the National Alliance on Mental Illness and the final report was approved by the ABA and the participating organizations in 2005 and 2006. This brief article focuses primarily on diminished responsibility at the time …

The Gross Injustices Of Capital Punishment: A Torturous Practice And Justice Thurgood Marshall’S Astute Appraisal Of The Death Penalty’S Cruelty, Discriminatory Use, And Unconstitutionality, John D. Bessler

Washington and Lee Journal of Civil Rights and Social Justice

Through the centuries, capital punishment and torture have been used by monarchs, authoritarian regimes, and judicial systems around the world. Although torture is now expressly outlawed by international law, capital punishment—questioned by Quakers in the seventeenth century and by the Italian philosopher Cesare Beccaria and many others in the following century—has been authorized over time by various legislative bodies, including in the United States. It was Beccaria’s book, Dei delitti e delle pene (1764), translated into French and then into English as An Essay on Crimes and Punishments (1767), that fueled the still-ongoing international movement to outlaw the death penalty. …

Does The Death Penalty Still Matter: Reflections Of A Death Row Lawyer, David I. Bruck

Washington and Lee Journal of Civil Rights and Social Justice

This talk was given by Professor David Bruck for the Frances Lewis Law Center at Washington and Lee University School of Law, April, 2002. It is a follow-up to “Does the Death Penalty Matter?,” given by Professor Bruck as the 1990 Ralph E. Shikes Lecture at Harvard Law School.

Religious Ministers And The Scope Of Their Rights To Non-Discrimination In Employment, R. George Wright

Washington and Lee Journal of Civil Rights and Social Justice

The First Amendment is currently thought to bar ministerial employees from any recourse against their religious employer under a wide variety of non-discrimination statutes and other forms of legal protection. The typical critique of this state of affairs seeks to narrow the class of persons who count as ministerial employees. This paper focuses instead on an important, and peculiar, aspect of the ministerial exception doctrine. At present, the law generally prohibits any recovery by ministerial employees for employment discrimination by their religious employer even where the employer’s reasons for the discrimination have nothing to do with any religious doctrine, belief, …

Being In The Room Where It Happens: Celebrating Virginia’S First Female Law Clerks, Anne Rodgers, Todd C. Peppers

Washington and Lee Journal of Civil Rights and Social Justice

The first female law clerk was hired in 1944. However, the entry of women into the law clerk profession was met with sexism. The accomplishments of the first few female law clerks also received little attention. This article seeks to rectify this historical injustice by highlighting the accomplishments of Virginia’s first female law clerks: Doris Bray, Jane Caster Sweeney, and Penelope Dalton Coffman. Doris Bray clerked for Fourth Circuit Court of Appeals Judge J. Spencer Bell in 1967. Jane Caster Sweeney clerked for Federal District Court Judge Oren Lewis from 1960 to 1962. Penelope Dalton Coffman clerked for Virginia Supreme …

Transforming The Future Of Work By Embracing Corporate Social Justice, Andrea Giampetro-Meyer

Washington and Lee Journal of Civil Rights and Social Justice

Professionals from Generations Y (millennials) and Z (Gen Z or zoomers) expect their employers to embrace diversity, equity and inclusion (DEI). They want to work for companies that support individuals of various races, ethnicities, religions, abilities, genders, and sexual orientations. Professionals from these generations are seeking employers that have created a diverse workforce, clear promotion track, and a commitment to dismantling systemic racism. Companies that want to attract top talent are making DEI a priority. They are also implementing action plans to demonstrate their serious commitment to DEI because millennials and zoomers are quick to recognize and criticize performative approaches. …

Bailing On Cash Bail: A Proposal To Restore Indigent Defendants’ Right To Due Process And Innocence Until Proven Guilty, Cydney Clark

Washington and Lee Journal of Civil Rights and Social Justice

The practice of cash bail in the United States is changing. For the past few decades, the cash bail system is abandoning pretrial release and shifting the burden to the defendant thereby abandoning innocence until proven guilty. Bail hearings are increasingly less individualized and discriminatory because of risk assessment tools and judicial discretion without requiring justification, leading to indigent defendants facing unprecedented detainment solely for not being able to afford bail, and thus, violating due process of law. This Note focuses on two 2021 decisions: the California Supreme Court’s decision in In re Humphrey, ruling to partially maintain cash bail, …

Do Not Touch My Data: Exploring A Disclosure-Based Framework To Address Data Access, Francis Morency

Washington and Lee Journal of Civil Rights and Social Justice

Companies have too much control over people’s information. In the data marketplace, companies package and sell individuals’ data, and these individuals have little to no bargaining power over the process. Companies may freely buy and sell people’s data in the private sector for targeted marketing and behavior manipulation. In the justice system, an unchecked data marketplace leaves black and brown communities vulnerable to serious data access issues caused by predictive sentencing, for example. Risk assessment algorithms in predictive sentencing rely on data on individuals and run all relevant data points to provide the likelihood that a defendant will recidivate low …

The Counterintuitive Court: How The Supreme Court’S Punitive Damages Jurisprudence Endangers Marginalized Communities, Anne Rodgers

Washington and Lee Journal of Civil Rights and Social Justice

Punitive damages are awarded in civil suits to deter intentionally reckless and grossly negligent behavior. The goal of punitive damages is to punish the tortfeasor and protect the public from future misconduct. However, the Supreme Court’s recent jurisprudence on punitive damages reflects a shift towards protecting businesses from what the Court perceives as an arbitrary taking under the Due Process Clause. This Note argues that these decisions are dangerous, especially for marginalized communities. This Note begins by defining punitive damages and common criticisms of punitive damages awards. This Note then discusses the role of the Supreme Court in reviewing punitive …

Removing White Hoods From The Blue Line: A Legislative Solution To White Supremacy In Law Enforcement, Hope Elizabeth Barnes

Washington and Lee Journal of Civil Rights and Social Justice

On May 25, 2020, George Floyd took his final breaths. His death at the hands of multiple Minneapolis police officers was recorded by witnesses and viewed by millions. The public response to Floyd’s death was immediate and powerful. Americans were demanding change on a greater scale than ever before. The problem with policing is not Derek Chauvin, or the Minneapolis Police Department, but rather with the very institution. White supremacy is alive and well in American policing. This Note begins by examining the historic connection between white supremacist groups and law enforcement agencies. This Note then evaluates existing standards of …

Changing The Game: The Emergence Of Nil Contracts In Collegiate Athletics And The Continued Efficacy Of Title Ix, Leeden Rukstalis

Washington and Lee Journal of Civil Rights and Social Justice

On June 30, 2021, the National Collegiate Athletic Association (“NCAA”) suspended a 115-year prohibition on college athletes’ ability to profit from the use of their names, images, and likenesses (“NIL”). Historically, NCAA eligibility was determined by an athlete’s amateur status. Student athletes forewent compensation to preserve a line between professional and college sports. Today, the NCAA’s novel NIL policy recognizes an athlete’s right to publicity and allows them to share in the billions of dollars it generates every year. According to estimates, college athletes earned $917 million in the first year of NIL activity. By 2023, the NIL market is …

Monetary Muddles: Money And Language, Ethics And Theology, Tyler Womack

Religious Studies Theses and Dissertations

This dissertation offers a theological critique of political economy by turning to Wittgenstein in order to re-think what “criticism” is and can be. It diagnoses the current state of critical discourse about money as incapable of properly dealing with the confusions or illusions such criticism identifies as intrinsic to our ways with money and economic production and exchange. The dissertation argues that while political economic critiques and heterodox theories of money rightly challenge the economic orthodoxy’s individualism and its illusions of an apolitical money and an autonomous market economy, these “social” critiques are caught in a Geltungslogik that dichotomizes “value” …

Coca-Cola Curses: Hate Speech In A Post-Colonial Context, Brittan Heller

Michigan Technology Law Review

Hate speech is a contextual phenomenon. What offends or inflames in one context may differ from what incites violence in a different time, place, and cultural landscape. Theories of hate speech, especially Susan Benesch’s concept of “dangerous speech” (hateful speech that incites violence), have focused on the factors that cut across these paradigms. However, the existing scholarship is narrowly focused on situations of mass violence or societal unrest in America or Europe.

This paper discusses how online hate speech may operate differently in a postcolonial context. While hate speech impacts all societies, the global South—Africa in particular—has been sorely understudied. …

Unl Emeriti And Retirees Association Newsletter, Spring 2023

UNL Emeriti and Retirees Association: Newsletters and Other Materials

University of Nebraska-Lincoln Emeriti and Retirees Association Newsletter, Spring 2023