Digital Commons Network^™

It’S About Time: Rejection Of The De Minimis Doctrine In State Wage And Hour Laws, Abigail Britton

Dickinson Law Review (2017-Present)

Since the passage of the Fair Labor Standards Act (“FLSA”) in 1938, courts have grappled with how to interpret which activities an employee performs for their employer should be considered “work.” The FLSA requires employers pay a minimum wage, pay overtime, and keep records of their employees’ time. However, to calculate these wages based on hours worked, the employer must know what constitutes “work.” Over the 80 years since its enactment, federal courts have adopted rules to determine what counts as work. One doctrine courts apply is the de minimis doctrine. Under the de minimis doctrine, employers do not need …

Enticing The Supreme Court To Hold That Physical Contact Is Not Required To Violate The Child Enticement Statute, Cassidy Eckrote

Dickinson Law Review (2017-Present)

The sexual exploitation of children is a growing problem in the United States. Fifty years ago, parents feared their child getting kidnapped or approached by a predator in the park. Parents today fear their child being preyed upon through the internet. As technology continues to advance, child predators satisfy their depraved desires without ever stepping foot near their victim. In response to the danger of the sexual exploitation of children, the federal government enacted the child enticement statute, codified at 18 U.S.C. § 2422(b). The statute criminalizes the enticement of a minor to engage in sexual activity. Because the federal …

Statistical Clustering Of Networks With Additional Information, Paul Atandoh

Dissertations

As the online market grows rapidly, many companies and researchers are interested in analyzing product review dataset which includes ratings and text review data. In the first project, we mainly focus on analyzing the text review data. In the current literature, it is common to use only text analysis tools to analyze review dataset. But in our work, we propose a method that utilizes both a text analysis method such as topic modeling and a statistical network model to build network among individuals and find interesting communities. We introduce a promising framework that incorporates topic modeling technique to define the …

Exposure To Videos Of Police Brutality Against Black Americans And Posttraumatic Stress Symptoms Among U.S. Adults, Ingrid Rauk

Dissertations

The purpose of this study was to examine in a diverse sample of U.S. adults the relationship between exposure to videos of police brutality against Black Americans and posttraumatic stress symptoms. Exposure to videos of police brutality against Black Americans is believed to have emotional and psychological effects on the viewer and may be considered an indirect (i.e., vicarious) form of exposure to trauma (Alang et al., 2017; Bor et al., 2018; Bryant-Davis et al., 2017). Prior research has established a positive association between experiences of racial discrimination and trauma symptoms (Kirkins et al., 2018). Previous research on psychological reactions …

Can Conflict Cultivate Collaboration? The Positive Impact Of Mild Versus Intense Task Conflict Via Perceived Openness Rather Than Emotions, Ming-Hong Tsai

Research Collection School of Social Sciences

Public Significance Statement In contrast to previous research on the negative associations between conflict and collaboration, the current investigation demonstrates the positive effects of conflict on collaboration and performance and offers practical suggestions on beneficial conflict expressions. Specifically, when people debate and deliberate about their different viewpoints about task-related issues, they tend to collaborate and thus achieve high task performance by enhancing their perceptions of others' openness rather than by influencing their emotions.Previous research has demonstrated negative associations between task-relevant conflicts and collaboration. To supplement the previous findings and explore the potential benefits of conflicts, we differentiate between two types …

Brief Report: Prognostic Relevance Of 3q Amplification In Squamous Cell Carcinoma Of The Lung, Fawzi Abu Rous, Pin Li, Shannon Carskadon, Sunny R. K Singh, Rebecca Chacko, Hassan Abushukair, Shirish M. Gadgeel, Nallasivam Palanisamy

Urology Articles

INTRODUCTION: Amplification of 3q is the most common genetic alteration identified in squamous cell carcinoma of the lung (LUSC), with the most frequent amplified region being 3q26 to 3q28.

METHODS: In this analysis, we aim to describe the prognostic relevance of 3q amplification by focusing on a minimal common region (MCR) of amplification constituted of 25 genes. We analyzed 511 cases of LUSC from The Cancer Genome Atlas and included 476 in the final analysis.

RESULTS: We identified a 25-gene MCR that was amplified in 221 (44.3%) cases and was associated with better disease-specific survival (not reported [NR] versus 9.25 …

Dog Days: Does Interaction With A Therapy Dog Improve The Well-Being In A High School Classroom?, Carley E. Downing

Undergraduate Distinction Papers

The purpose of this pilot study was to examine influences of interaction with a trained facility therapy dog on a sample of high school students. Much of the existing literature on animal assisted therapy interaction engages with populations of younger children, college-aged adults, the elderly. This small sample (n=8) of adolescents provides insight into a population that despite benefiting from the interventions, is not widely studied. Emotional regulation and grit inventories were used to compare scores before and after direct interactions with the therapy dog. Emotional regulation scores improved following direct exposure to the therapy dog over a one-week period, …

Concepts Of Citizenship In The Controversy About Constitutional Citizenship For People Born In U.S. Territories, Janet M. Calvo

Fordham Law Review

In 2019, the District of Utah in Fitisemanu v. United States rejected the Insular Cases and held that persons born in American Samoa acquired Fourteenth Amendment constitutional citizenship at birth. The Tenth Circuit reversed through an analysis that attempted to “repurpose” the Insular Cases. This Essay discusses the differing concepts of citizenship presented in Fitisemanu, which raise significant questions about the nature and import of American constitutional citizenship. The Supreme Court’s recent denial of certiorari in Fitisemanu unfortunately leaves these questions unresolved, further continuing the second-class status of individuals born in the territories and underscores the uncertainty of …

Adverse Childhood Experiences And School Productivity: What Is The Role Of Social Networks And Religion, Fahima Noor Ali

Undergraduate Honors Thesis Projects

Adverse childhood experiences (ACEs) are traumatic events children experience that can have lifelong impacts (Blodgett & Lanigan, 2018). These traumatic events may include verbal, physical, or sexual abuse, as well as family stress or dysfunction, such as the loss of a parent, incarcerated family members, substance use, economic hardships, community violence, and natural disasters. Research shows ACEs are associated with negative psychological impacts such as anxiety and depression (Zare et al., 2018). While previous research emphasized an examination of negative mental and other health outcomes, the current study sought to examine further how ACEs are associated with negative educational outcomes. …

Just Choices? Judicial Selection, Ideology, And Partisanship In The Ohio Supreme Court, Margo D'Agostino

Undergraduate Honors Thesis Projects

This thesis joins the conversation on judicial selection and impacts on judicial ideology. This is a multifaceted question that engages with the history of judicial selection, differences between states, growing polarization and partisanship, and an influx in campaign spending that can all influence Justices’ behavior while on the bench. While other theorists have used more quantitative or statistical analytics, more research is still needed on the nuanced and qualitative questions surrounding the judiciary in the United States, especially on the state level. I look at three Ohio Supreme Court Justices—Maureen O’Connor, Jennifer Brunner, and Sharon Kennedy—and decisions they have penned …

Examining Motivation And Self-Efficacy In Reading And Writing In Seventh Grade English: An Improvement Science Dissertation In Practice, Jennifer Tuttle

Doctor of Education (EdD)

This Improvement Science study sought to understand and support the motivation and self-efficacy of middle school students for literacy-based tasks using the Motivated Strategies for Learning Questionnaire (MSLQ), Burke Reading Inventory (BRI), and Burke Writing Inventory (BWI) in a pre-and post-format. This study was designed in response to observed course failings and lack of motivation for seventh-grade students in a post-COVID educational situation. The teacher researcher implemented a Plan, Do, Study, Act cycle alongside interested stakeholders to try and support students’ motivation to complete literacy tasks. She also conducted class discussions to clarify and support students’ understandings of motivation and …

The Bitter Ironies Of Williams V. Walker-Thomas Furniture Co. In The First Year Law School Curriculum, Duncan Kennedy

Buffalo Law Review

No abstract provided.

Racial Isolation, School Police, And The “School-To-Prison Pipeline”: An Empirical Perspective On The Enduring Salience Of “Tipping Points”, Michael Heise

Buffalo Law Review

Two broad trends inform public K-12 education’s current trajectory. One involves persisting (and recently increasing) school racial isolation which helps account for an array of costs borne by students, schools, and communities. A second trend, involving a dramatically increasing police presence in schools, is evidenced by a rising school resource officer (“SRO/police”) presence in schools. Increases in the magnitude of a school’s SRO/police presence correspond with increases in the school’s propensity to engage law enforcement agencies in student disciplinary matters which, in turn, help fuel a growing school-to-prison pipeline problem. While these two broad trends propel two distinct research literatures, …

Returning Control To The People: The Native American Languages Act, Reclamation, And Native Language Teacher Certification, Karen E. Lillie

Buffalo Law Review

No abstract provided.

Lessons From Cop27: Between Progress And Challenges, Martha Delgado

Faculty Journal Articles

While COP27 made progress in the areas of mitigation, adaptation, financing, and incorporating a gender, youth, and human rights perspective, Mexico is putting forward various initiatives to tackle remaining challenges.

The Migrant Communities Of South Sioux City, Graciela Deanda

Honors Thesis

The Migrant Communities of South Sioux City is a photographic series that showcases the individual stories, intimate spaces, older generation insights and hopes for their future lives. Stories are a great way to connect with, inspire, and influence humans. Personal storytelling—the kind that reveals who we are and what we care about— are the most potent and effective ways to connect with the world around us. This project seeks out the stories of migrant workers living in the same region but from different countries. In this series, I ask questions to hear everyone’s stories and allows others to hear and …

Understanding Alaska’S Gendered Policy Response To The Covid-19 Pandemic Through The Prism Of A Wellness Concept, Laura F. Goodfield, Anissa S. Ozbek, Riya Bhushan, Sophie M. Rosenthal, Alicia Glassman

GW Research Showcase 2021-2026

No abstract provided.

The Sustained American Dream: An Examination Of Fhlb-Acquired Mortgages’ Economic Demographic Variation Across Geographic Regions, Grace Oakey

Gabelli School of Business Honors Thesis Collection

The report embarks on a deeper analysis of American regional variation in economic dimensions’ connection with the use and amount of mortgage debt by inhabitants of those regions, specifically with regards to the middle- and low-income household mortgage debt purchased by the Federal Home Loan Bank (FHLB). Part of the Federal Housing Finance Agency, the FHLB system supports mortgage lending and other community investment through its eleven district banks; the mortgage investment it facilitates includes advances made to more than 6,500 member financial institutions as well as 63,890 mortgages purchased collectively in 2021. From the review of prior research, adjacencies …

Property And The Right To Enter, Bethany R. Berger

Washington and Lee Law Review

On June 23, 2021, the Supreme Court decided Cedar Point Nursery v. Hassid, holding that laws that authorize entry to land are takings without regard to duration, impact, or the public interest. The decision runs roughshod over precedent, but it does something more. It undermines the important place of rights to enter in preserving the virtues of property itself. This Article examines rights to enter as a matter of theory, tradition, and constitutional law, arguing that the law has always recognized their essential role. Throughout history, moreover, expansions of legal exclusion have often reflected unjust domination antithetical to property norms. …

Learning From Mistakes, Irene Oritseweyinmi Joe

Washington and Lee Law Review

Much of the attention following the reversal of a defendant’s wrongful conviction focuses on the role the police or the prosecutor played in perpetuating the injustice. To the extent that the public defender institution’s role is considered, it is often limited to its failure to provide effective assistance of counsel. This Article challenges the conventional wisdom that the public defender institution’s role in addressing a wrongful conviction is limited to ineffective assistance of counsel claims and ends once a wrongful conviction is reversed. At minimum, the legal profession’s mandate for competent representation requires public defenders, and the institutions that house …

Abortion, The Underground Railroad, And Evidentiary Privilege, Tom Lininger

Washington and Lee Law Review

Building on my recent article in the Minnesota Law Review proposing reforms of evidentiary privilege law, this Article focuses on the unique context of communication about abortion. There is an urgent need to protect such communication in the wake of the Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization, which allowed states to recriminalize abortion. Now abortion seekers, providers, and third parties who aid and abet abortion could face significant exposure to both criminal penalties and civil suits in many states. Those states are attempting to extend the reach of their bans by sanctioning out-of-state travel and …

The Free Exercise Of Copyright Behind Bars, Viva R. Moffat

Washington and Lee Law Review

People in prison produce vast amounts of creative and expressive work—from paintings and sculptures to essays, novels, music, and NFTs—but they are rarely described as artists and their work is often not described as “art.” Prisoners also do not regularly take advantage of copyright law, the primary form of protection for creative works. They should.

Copyright provides a strong set of rights that combines strains of free expression values with elements of property rights. Copyright confers dignitary and expressive benefits and, for some creators, financial rewards. As such, copyright can be a tool to help prisoners improve their lives, both …

Arbitration And Federal Reform: Recalibrating The Separation Of Powers Between Congress And The Court, Larry J. Pittman

Washington and Lee Law Review

In 1925, Congress, to provide for the enforcement of certain arbitration agreements, enacted the Federal Arbitration Act (“FAA”) as a procedural law to be applicable only in federal courts. However, the United States Supreme Court, seemingly for the purpose of reducing federal courts’ caseloads, co-opted the FAA by disregarding Congress’s intent that the FAA be applicable only in federal courts. And in furtherance of its own Court-created “federal policy in favor of arbitration,” the Court created precedents that limit state regulation of arbitration agreements, including that states cannot exempt disputes from forced or mandatory arbitration agreements or otherwise regulate the …

Prosecuting The Mob: Using Rico To Create A Domestic Extremism Statute, Samuel D. Romano

Washington and Lee Law Review

In 2021, Secretary of Homeland Security Alejandro Mayorkas asserted that “[d]omestic violent extremism is the greatest terrorist-related threat” facing the United States. Although domestic extremism is often characterized as a lone wolf threat, it is frequently spurred on by white supremacist and neo-Nazi organizations that use the internet to radicalize their members and then avoid accountability by hiding behind constitutional protections—a strategy called “leaderless resistance.” This strategy results in devastating consequences. While the number of hate groups and hate crimes in the United States have risen to record highs, constitutional protections prevent domestic extremist organizations from being treated the same …

Reining In The “Third Path”: Rethinking The War Powers Resolution And Private Security Contractors, Brian T. Warren

Washington and Lee Law Review

From the American Revolution to the War in Afghanistan, the United States has hired private contractors to perform a myriad of tasks, from feeding the troops to researching hypersonic missile defense systems. Following the collapse of the Soviet Union, however, the nature of work performed by these contractors began to shift. No longer were contractors relegated solely to unarmed tasks. From the jungles of Colombia to the deserts of Iraq, armed contractors—known as Private Security Contractors (PSCs)—have guarded American military bases, protected heads of state, assaulted enemy compounds, and more.

Using PSCs is not without risk. Incidents like the Nisour …

Mining And The Protection Of Aboriginal Heritage In South Australia, Alex Wawryk

William & Mary Environmental Law and Policy Review

In 2020, the multinational mining company Rio Tinto destroyed 46,000-year-old Aboriginal rock paintings in Juukan Gorge, Western Australia, to national and international outrage. The incident led to an explosion of concern in Australia regarding the adequacy of domestic laws that aim to protect Aboriginal cultural heritage from the impacts of resource exploitation. This Article explains and critically analyzes the legislative and regulatory framework for the protection of Aboriginal heritage in relation to mining in South Australia. It demonstrates the complexity of the legal and regulatory regime, identifies a number of significant flaws in the key act designed to protect Aboriginal …

The Importance Of Accessible Government Data In Advancing Environmental Justice, Frank D. Lomonte, Daniel Delgado

William & Mary Environmental Law and Policy Review

Part I of this Article sets forth the history and animating principles of the environmental justice movement in the United States during the 1970s, which developed as an adjunct to the larger civil rights movement. Part II then turns to the role of documents and data in exposing where toxins present a risk to public health and where documentation habitually falls short. It discusses how freedom of information laws can unlock access to the documents and data that quantify environmental hazards but also how those laws fail to produce reliable results because of the influence of regulated industries. Part III …

“A Scepter Of Terror Or A Sword Of Freedom”: Elaine Brown’S Time In The Black Panther Party, Maeve Plassche

History & Classics Undergraduate Theses

This project highlights the activism of Elaine Brown, who was the only female chairperson of the Black Panther Party. It looks to enhance the way in which the Black Panther Party is remembered, by placing gender and gender relations in the center of the conversation. Even though women were crucial participants in the Party, they often did not receive the respect that their male counterparts did, and the historical scholarship, using male-centered sources, reiterates this point. While conducting research in the Dr. Huey P. Newton records, located the Stanford Libraries, I delved into the newspapers, internal Black Panther Party documents, …

When The Silenced Became The Voice: Argentina’S Military Dictatorship And The Fight For Memory And Justice, Brigid Mcevoy

History & Classics Undergraduate Theses

No abstract provided.

The Role Of Slip System Activation On Ni-Based Superalloy High Temperature Fatigue, Alexandru Lopazan

Doctoral Dissertations and Master's Theses

Nickel-based superalloys are used extensively in the aviation industry, particularly in aircraft engine components. These materials are desirable due to their high strength, resistance to creep, corrosive environment, and high temperature. It has been well documented that material fatigue is characterized by material microstructure, type of loading, and other parameters. Currently, research into the effects of fatigue on complex materials like nickel-based superalloys is being pursued. Previous research has found that preconditioning of Inconel 718 samples at 700 ℃ with 1.0% strain led to an improved fatigue life. It has been suggested that this could be caused by the activation …