Digital Commons Network^™

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

Analysis Of Carson V. Makin, Wilson Huhn

Law Faculty Publications

Many school districts in the State of Maine lack high schools, so the children in those districts must attend another school selected by their parents. In 1873 the State of Maine enacted a tuition assistance program that offers a stipend to participating schools to partially defray the cost of educating children from districts that lack a high school. In 1981 the State of Maine enacted a law that categorically excludes sectarian schools’ from participating in the tuition assistance program.

Three sets of parents sued the Commissioner of the Maine Department of Education, asserting that the exclusion of sectarian schools, from …

Privacy: Pre- And Post-Dobbs, Rona Kaufman

Law Faculty Publications

The United States Supreme Court has interpreted the Due Process Clause of the Fourteenth Amendment to include a fundamental right to familial privacy. The exact contours of that right were developed by the Court from 1923 until 2015. In 2022, with its decision in Dobbs v. Jackson Women’s Health, the Supreme Court abruptly changed course and held that the right to terminate a pregnancy is no longer part of the right to privacy previously recognized by the Court. This essay seeks to place Dobbs in the context of the Court’s family privacy cases in an effort to understand the Court’s …

The Replication Crisis And Ip Law: A Novel Policy Tool For Open Science, Or Cohen Sasson, Ofer Tur‐Sinai

Articles

In recent years, the scientific community has faced a considerable problem the replication crisis. Replication is the process of verifying scientific findings by repeating a published study. It is considered a cornerstone of the scientific enterprise, contributing to the credibility of research findings. Over the past two decades, however, replication has become increasingly difficult; in fact, in some disciplines the non-replicability rate is over 50%. A major factor accounting for this is diminished access to research materials required for replication (replication materials). This problem is particularly acute in computational studies, where the code, software documentation, datasets, and other information are …

Early Childhood Care And Education Is A Feminist Social Justice Issue, Shriraksha Mohan

Student Papers in Local and Global Regional Economies

Women, who are viewed as natural caregivers by the society, are overrepresented in childcare occupations. While early childhood care and education determines the trajectory of a child’s development in later years, most economies do not invest enough in developing good quality early childhood care and education. This puts most childcare workers, who are women, in a precarious economic position, and also negatively impacts the development of children. Policies for childcare in the USA, other OECD member countries and the Global South are different with vastly different outcomes for the well-being of women and children. A paradigm shift in the ways …

Reparations And Restorative Justice: A Path To Racial Healing, Darryl Heller

UC Law SF Journal on Gender and Justice

No abstract provided.

The Dobbs Effect On West Virginia, Anne Marie Lofaso, Cameron Kiner

West Virginia Law Review

Humans have practiced birth control, including abortion, for thousands of years. Pregnant individuals have sought abortions for many reasons even though the abortion procedure itself has often been dangerous to the pregnant person’s life. Moreover, a stable consensus concerning the debate about when life begins and other questions surrounding abortion has rarely if ever been attained. Notwithstanding the numerous questions raised by this indisputably controversial subject, this article is quite limited in scope. In Section I, we review the development and retrenchment of an individual’s right to terminate their pregnancy starting on January 22, 1973, the day that the United …

Achieving The Achievable: Realistic Labor Law Reform, Leonard Bierman, Rafael Gely, William B. Gould Iv

Missouri Law Review

A common reprise among labor activists and scholars has been that for the fortunes of labor to change, the law must change. Prompted perhaps by a seeming surge in labor movement activity over the past few years, including headline-grabbing strikes and recent union victories at several U.S. Starbucks locations, various labor law activists and scholars have called to seize the moment and proposed the enactment of comprehensive labor law reform. We argue in this Article that broad-scale labor law reform is unlikely to be enacted by the current U.S. Congress or even have all its provisions pass muster when potentially …

"Communities That Care": Incorporating Socially Engaged Artistic Practices Into Clinical Legal Education, Bernard P. Perlmutter, Xavier Cortada

Articles

This Article, co-authored by a law school clinician and an artist and lawyer, explores collaborations between the artist, a child advocacy clinic, and its clients (children in state foster care) in building a community that empowers clients by giving them voice through both traditional legal advocacy and non-traditional forms of socially engaged artistic expression. The Article aims to address some of the challenges and benefits of clinics creating alliances with artists and community-based arts organizations as part of their teaching and advocacy missions. We describe and provide examples of the practice of law as a creative exercise and argue that …

Beyond Instrumentalism: Exploring The Affordance Construal Of Technology In Heidegger, Federico Jose Lagdameo

Philosophy Department Faculty Publications

Current philosophies of technology derived from and inspired by Heidegger’s—exemplified by Postphenomenology and Critical Constructivism—have favored a focus on technological design issues; succumbing consequently; to an instrumental view of technology. This favored focus had contributed to an obliviousness to technology’s inherent dangers which are precisely immune from technological design modifications. Exploring the construal of technology as affordances; this paper offers a contrasting reading of Heidegger’s technology as embedded and embodied dispositions for specific possibilities for being and doing. Consequently; it argues for a more viable alternative to the often-implicit instrumentalist and artefactual view of technologies that frequently undergird prevalent empirical …

Making Worth, Making Sense Of The Sacrifice: Examining The Career Education Trajectories Of Economically Marginalized, First-Generation Latina Graduates, Alexia Fernanda Pineda Soto

LMU Theses and Dissertations

The purpose of this qualitative study was to assess the ways current higher education approaches to career education, counseling, and preparation models served, or disserved, economically marginalized first-generation Latinas (EMFGL) and their career identities. In centering EMFGL-identifying college graduates, this study used interviews to glean an understanding of what the EMFGL career education experience was like and how forms of career preparation in college equipped, or unequipped, students’ career pathways. Driven to assess how higher education institutions can come to eradicate the generalization of their career counseling and education practices and ideologies, this work further uncovers how EMFGL graduates use …

Video Games And The First Amendment, Eli Pales

Northwestern Journal of Technology and Intellectual Property

The video game industry is massive, with an annual revenue of $180 billion worldwide; $60 billion of that in America alone. For context, the industry’s size is greater than that of the movie, book, and music industries combined. Yet, despite this market dominance, the video game industry is relatively new. Only in the 2011 decision of Brown v. Entertainment Merchants Association did the Supreme Court extend First Amendment protection to games. Still, the Court failed to define the scope of the game medium. As understood by an average person, a video game could be something as simple as Pac-Man or …

Human Rights, Trans Rights, Prisoners’ Rights: An International Comparison, Tom Butcher

Northwestern Journal of Law & Social Policy

In this Note, I conduct an international comparison of the state of trans prisoners’ rights to explore how different national legal contexts impact the likelihood of achieving further liberation through appeals to human rights ideals. I examine the United States, Canada, the United Kingdom, Australia, India, Argentina, and Costa Rica and show the degree to which a human rights framework has been successful thus far in advancing trans prisoners’ rights. My analysis also indicates that the degree to which a human rights framework is likely to be successful in the future varies greatly between countries. In countries that are hesitant …

Healthcare Inequities In The United States And Beyond Are Taking Black Women’S Lives, Alichia Mcintosh

Northwestern Journal of Law & Social Policy

Black women have been dying at devastating rates due to health complications at the hands of the United States’ healthcare and legal systems. This Note explores these distressing rates and how they compare to White women while analyzing the fatalities and diagnoses among several health complications and diseases. These fatalities persist due to the United States’ history of racism—such as the institution of slavery and over 100 years of Black bodies experiencing Jim Crow laws—and the socioeconomic disadvantages Black women disproportionally face. This Note emphasizes that these disparities continue because the United States has failed to implement treaties—which it is …

#Metoo’S Landmark, Yet Flawed, Impact On Dispute Resolution: The Ending Forced Arbitration Of Sexual Assault And Sexual Harassment Act Of 2021, Imre S. Szalai

Northwestern Journal of Law & Social Policy

On March 3, 2022, President Joe Biden signed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (the Amendment) into law. This Amendment is the most significant change in the last several decades to the Federal Arbitration Act (the FAA), the main federal law governing arbitration since 1925. This landmark Amendment is also the most important federal legislation to arise thus far from the #MeToo movement. The Amendment invalidates predispute arbitration agreements in cases involving sexual harassment or sexual assault, thereby allowing survivors to proceed with their claims in public court with more robust procedural protections. …

Social Media’S Effect On U.S. Investor Behavior, Emma Barrett

Gabelli School of Business Honors Thesis Collection

Over the past few decades, the world, particularly the United States has seen dramatic growth in the presence and popularity of social media. So much so that it now plays a fundamental role in the majority of people’s everyday lives. It has become an essential tool for news and information consumption, allowing people to access opinions, posts, and current event information faster and easier than ever before. Consequently, if social media is touching every corner of life, it must play a role in investing and the financial markets. In this study, I examine the role social media plays when it …

Foreign Detainee Operations Post 9/11: An Example Of The United States’ Ethical Compromise, Seth Longstreth

Honors Theses

Abstract: After 9/11, the United States government issued a series of policies that allowed tortuous interrogations to extract actionable information. After being a member of the Geneva Conventions and the Convention Against Torture, the U.S. directly defied these international treaties purely because it suited their interests during the retaliation against al-Qaeda. This paper seeks to address the lack of accountability that was present in the Bush administration and supporting departments while attempting to draft doctrine that capitalized on the subjectivity of torture laws, as well as the implications these actions have on the nation. This research takes a multi-case study …

The Rise Of Corporate Guidelines In The United States, 2005-2021: Theory And Evidence, Asaf Eckstein

Indiana Law Journal

Institutional investors are legally obliged to be faithful stewards of their portfolio companies. Yet, the conventional wisdom among commentators is that institutional investors have failed to perform this obligation because they are not incentivized to make adequate investments in corporate governance. This Article contends that this criticism is based on an incomplete analysis that misses a critical aspect of the operation of institutional investors. The critics focus exclusively on institutional investors’ efforts in actively engaging with the managements of their portfolio companies. They ignore, however, an important passive governance tool that institutional investors routinely use: corporate guidelines. Corporate guidelines are …

Levels Of Free Speech Scrutiny, Alexander Tsesis

Indiana Law Journal

Inconsistencies abound throughout current exacting, strict, and most exacting scrutiny doctrines. Formalism also runs throughout recent cases that have opportunistically relied on the First Amendment in matters peripherally concerned with core principles of free speech. Jurisprudence that relies on the exacting scrutiny standard remains significantly under-theorized. The uncertainty creates doctrinal flux that shifts from case-to-case. The same unexplained malleability appears in the most exacting scrutiny jurisprudence. The Court, moreover, sometimes refers to these two standards as equivalent to strict scrutiny. On the other hand, during the last decade, and most recently in 2021, various opinions have also used exacting scrutiny …

Police Reform In California: Preventing “Bad Apples” From “Spoiling The Whole Bunch”, Joshua P. Jendian

University of the Pacific Law Review

No abstract provided.

Large Eddy Simulation For Empirical Modeling Of The Wake Of Three Urban Air Mobility Vehicles, Denis-Gabriel Caprace, Andrew Ning

Faculty Publications

Recent advances in urban air mobility have driven the development of many new VTOL concepts. These vehicles often feature original designs departing from the conventional helicopter configuration. Due to their novelty, the characteristics of the super-vortices forming in the wake of such aircraft are unknown. However, these vortices may endanger any other vehicle evolving in their close proximity, owing to potentially large induced velocities. Therefore, improved knowledge about the wakes of VTOL vehicles is needed to guarantee safe urban air mobility operations. In this work, we study the wake of three VTOL aircraft in cruise by means of large eddy …

Micro Transit Simulation Of On-Demand Shuttles Based On Transit Data For First- And Last-Mile Connection, Cristian Poliziani, Gary Hsueh, David Czerwinski, Tom Wenzel, Zachary Needell, Haitam Laarabi, Joerg Schweizer, Federico Rupi

Faculty Research, Scholarly, and Creative Activity

We simulate the introduction of shared, automated, and electric vehicles (SAEVs) providing on-demand shuttles service in a large-scale transport digital twin of the San Francisco Bay Area region (California, USA) based on transit supply and demand data, and using the mesoscopic agent-based Behavior, Energy, Autonomy, and Mobility beta software (BEAM) developed at the Lawrence Berkeley National Laboratory (LBNL). The main goal of this study is to test the operations of this novel mobility service integrated with existing fixed-route public transportation service in a mesoscopic simulation of a real case scenario, while testing the BEAM beta software capabilities. In particular, we …

The Millennial Corporation: Strong Stakeholders, Weak Managers, Michal Barzuza, Quinn Curtis, David H. Webber

Faculty Scholarship

In a prior paper, Shareholder Value(s): Index Fund ESG Activism and The New Millennial Corporate Governance, we argued that the index funds’ sudden shift towards socially-responsible investment, after decades of ignoring or opposing it, was driven by the competition to manage growing Millennial wealth. In our view, the main contribution of that paper was identifying sharp differences between Millennials and prior generations over investment, consumption, and employment. It has now become clear that this contribution has implications far beyond index-fund environmental, social and governance (“ESG”) activism and is in fact completely transforming the corporate world, marking a fundamental shift in …

Post-Fire Compressive Stress–Strain Behaviour Of Steel Fibre Reinforced Recycled Aggregate Concrete, Tan Wang, Min Yu, Wentao Shan, Lihua Xu, Shan Shan Cheng, Long Yuan Li

School of Engineering, Computing and Mathematics

No abstract provided.

Identifying Dynamic Patterns Of Polypharmacy For Patients With Dementia From Primary Care Electronic Health Records: A Machine Learning Driven Longitudinal Study, Elisabetta Longo, Bruce Burnett, Sarah Bauermeister, Shang Ming Zhou

School of Nursing and Midwifery

It is unclear how medication use evolved before diagnosis of dementia (DoD). This study aims to identify varied patterns of polypharmacy before DoD, their prevalence and possible complications. We collected primary care e-health records for 33,451 dementia patients in Wales from 1990 to 2015. The medication uses in every 5-year period along with 20-years prior to dementia diagnosis were considered. Exploratory factor analysis was used to identify clusters of medicines for every 5-year period. The prevalence of patients taking three or more medications was 82.16%, 69.7%, 41.1% and 5.5% in the Period 1 (0-5 years before DoD) ~ Period 4 …