Digital Commons Network^™

The Power Of The Purse: Instigating Social Change Through Strategic Municipal Bond Investments, Jenna Reifler

University of Miami Business Law Review

Municipal bonds are generally understood as mutually beneficial for both issuer and holder—they allow cities to secure capital for local improvements and investors to earn reliable and tax-exempt profits. It turns out, however, that the lack of disclosure for issuing general obligation bonds presents the perfect camouflage for cities to secure funding despite their local social responsibility inadequacies.

Cities quietly shell out millions of dollars in settlements to the victims of police-misconduct. Largely unreported and untracked, many municipalities fund such settlements through general obligation bonds, which are colloquially termed police brutality bonds. As a result, and often unbeknownst to the …

The Legal Implications Of Anti-Lgbtq+ Curriculum Laws, Isabel Ortega-Romero

Cardozo Journal of Equal Rights and Social Justice (ERSJ) Blog

Last March 2022, Florida’s Governor Ron DeSantis passed and enacted the Parental Rights in Education Act, which then became known as the infamous “Don't Say Gay” bill. The bill bans instruction on sexual orientation and gender identity “before the 4th grade and requires such instruction to be ‘age-appropriate or developmentally appropriate.” The language of the bill itself is vague and broad and doesn’t provide clarity about the law’s compliance with non-discrimination and first amendment rights. Critics argue that the statute doesn’t define the meaning of “classroom instruction” or what constitutes “age-appropriate” or “developmentally appropriate” instruction, which leaves questions regarding the …

April 3 Roundtable Update, Jeffrey M. Wice

Elections, Census & Redistricting Updates

No abstract provided.

Faculty Senate Monthly Packet April 2023, Portland State University Faculty Senate

Faculty Senate Monthly Packets

The April 3, 2023 Monthly packet includes the April agenda and appendices and the Faculty Senate minutes and attachments from the meeting held March 6, 2023.

Municipal Liability: Tensions In The Tenth Circuit, Timothy M. Tymkovich

Denver Law Review

Municipal liability is important to parties but complicated to litigate, with multiple types of claims falling within the municipal liability realm. This Article is a roadmap for litigators and judges in municipal liability cases in the Tenth Circuit. It clarifies the pleading requirements and elements for various types of municipal liability claims. It also highlights some unresolved issues in municipal liability litigation and tensions within the Tenth Circuit and among the other circuits.

Purposivist Reasoning In Federal Civil Procedure, Lumen N. Mulligan, Emily Pennington

Denver Law Review

This invited Article both reviews the Tenth Circuit’s stance on the circuit split addressing repleading counterclaims in amended answers and observes broader interpretive-approach trends in Federal Rules of Civil Procedure cases. In Sinclair Wyoming Refining Co. v. A & B Builders, Ltd., the Tenth Circuit holds that, absent prejudice to the opposing party, the failure to replead a counterclaim in an amended answer does not constitute abandonment; thus, taking the so-called permissive side of a circuit split on this question. In so doing, the Tenth Circuit adopts a purposivist approach to interpretation of the Federal Rules of Civil Procedure. In …

Treatise Tactics, Amy J. Griffin

Denver Law Review

A judge’s choice of authority is generally governed only by the unwritten social norms of the judiciary, norms which do not exist in canonical textual form and thus are not always visible. Stare decisis norms, those that dictate which judicial opinions are binding on judges, are the subject of endless discussion while the norms that govern the use of non-binding (optional) authority receive little attention by comparison. The selection of optional authority is deemed relatively insignificant, guided by a vague set of tips that are not specifically grounded in theory or empirical data. I conducted an original study of published …

Mmu: 04/03/23–04/09/23, Student Bar Association

Monday Morning Update

This Week @ NDLS

Mass Times

Commons Daily Menu

General Announcements

NDLS Faculty & Staff Spotlights: Ann Kiley

1L of the Week: Sage Yang

Ask a 3L: Morgan Cleary

Sport Report by Stephen Nugent

Tim's Corner

Natural Lights & Natural Rights: The Problem Of The New Classical Natural Law Theory, Charles Neville Cacciatore

LSU Master's Theses

The present work examines the natural law jurisprudence of John Finnis. It argues that Finnis’s teaching is a genuinely new natural law theory. Finnis’s jurisprudence is not a re- presentation of the jurisprudence of St. Thomas Aquinas because its central element—a doctrine of natural rights—is a departure from Aquinas’s natural law teaching. In support of these claims, the present work relies upon the scholarship of Ernest L. Fortin, A.A. Following Fr. Fortin, it presents an understanding of the natural law that endorses a clear distinction between natural right and natural rights—between premodern political philosophy and modern political philosophy.

The Nature And Role Of Phenomenology In Hegel And Heidegger, Gabriel W. Connor

LSU Master's Theses

In this work I compare Hegel and Heidegger’s conception of phenomenology and its role in their thinking. Though these two thinkers are not often examined from this angle, and though there is controversy surrounding just how phenomenological each thinker might actually be, an examination of the two thinkers in this regard serves to identify interesting connections between Hegel and Heidegger while also raising questions about phenomenology in general. In short, I seek to establish that phenomenology in both Hegel and Heidegger is not adequately understood unless it is placed in the context of each thinker’s conception of human freedom along …

Pausing In American English: Documenting Native English Speakers' Pausing Patterns, Ammon Hunt

Theses and Dissertations

The purpose of this study was to examine more deeply the relationship between pause location and duration and its connection to clause and phrase boundaries for native English speakers (NESs). Previous research has shown pauses produced by NESs to be located at clause boundaries (Brown & Miron, 1971; Hawkins, 1971; Tavakoli, 2011), but little empirical work has been done to probe this issue further. For this research, 80 speech samples, 40 male and 40 female, were randomly selected from the International Dialects of English Archive (IDEA) representing different regions in the United States. Oral data from the read-aloud portion of …

The Impact Of Speech Pause On The Perceived Effectiveness And Likability Of A Speaker's Communication, Rebecca Lyman

Theses and Dissertations

The purpose of this study was to examine how length and location of speech pausing affects a listeners' perception of likability and communication effectiveness. Furthermore, the end goal of this study is to understand how to better assess atypical speech pause for persons with aphasia (PWA). Speech samples were collected from two neurotypical speakers over the age of 75. The speech samples were the recorded responses of picture description tasks found in the Western Aphasia Battery (WAB) and the Boston Diagnostic Aphasia Examination (BDAE). These speech samples were then modified to include artificial pauses located both within sentence and between …

What Are The Barriers To Midwife Service Utilization Among Low-Risk Pregnant Women In Florida?, Ileana Cruz

MUSC Theses and Dissertations

Background and Need: Midwives are healthcare professionals that are educated, trained, licensed, and regulated to provide primary care; gynecologic, prenatal care; care during pregnancy, childbirth, postnatal care; and care of the normal newborn during the first 28 days of life (Florida Senate, 2021; Association of Women's Health, Obstetric and Neonatal Nurses [AWHONN], 2016). The Midwives Alliance of North America also defined these professionals as providers who support labor and birth through relationships of trust and confidence with their patients (Midwives Alliance of North America [MANA], n.d.). If complications arise during pregnancy, midwives collaborate with other physicians and refer the case …

April 3, 2023

The Gavel Gazette

No abstract provided.

Stellar Morrison Llc V. Ramos

All Decisions

No abstract provided.

Diego Beekman M.H.A. Hdfc V. Brito

All Decisions

ERAP Case.

Critical Computation: Mixed-Methods Approaches To Big Language Data Analysis, Josephine Lukito, Meredith L. Pruden

Open Access Publishing Fund Collection

In this theoretical piece, we discuss the limitations of using purely computational techniques to study big language data produced by people online. Instead, we advocate for mixed-method approaches that are able to more critically evaluate and consider the individual and social impact of this data. We propose one approach that combines qualitative, traditional quantitative, and computational methods for the study of language and text. Such approaches leverage the speed and expediency of computational tools while also highlighting the value of qualitative methods in critically assessing the outcome of computational results. In addition to this, we highlight two considerations for communication …

Fsec Meeting Minutes April 3, 2023, University Of Rhode Island Faculty Senate

Faculty Senate Executive Committee Minutes

No abstract provided.

High Expression Of Talin-1 Is Associated With Tumor Progression And Recurrence In Melanoma Skin Cancer Patients., Yasaman Rezaie, Fahimeh Fattahi, Baharnaz Mashinchi, Kambiz Kamyab Hesari, Sahar Montazeri, Elham Kalantari, Zahra Madjd, Leili Saeednejad Zanjani

Department of Pathology, Anatomy, and Cell Biology Faculty Papers

BACKGROUND: Talin-1 as a component of multi-protein adhesion complexes plays a role in tumor formation and migration in various malignancies. This study investigated Talin-1 in protein levels as a potential prognosis biomarker in skin tumors.

METHODS: Talin-1 was evaluated in 106 skin cancer (33 melanomas and 73 non-melanomas skin cancer (NMSC)) and 11 normal skin formalin-fixed paraffin-embedded (FFPE) tissue samples using immunohistochemical technique on tissue microarrays (TMAs). The association between the expression of Talin-1 and clinicopathological parameters, as well as survival outcomes, were assessed.

RESULTS: Our findings from data minings through bioinformatics tools indicated dysregulation of Talin-1 in mRNA levels …

Gravity Waves Emitted From Kelvin-Helmholtz Instabilities, Alan Z. Liu, Wenjun Dong, David C. Fritts, Thomas S. Lunda, Han-Li Liu

Publications

Fritts, Wang, Lund, and Thorpe (2022, https://doi.org/10.1017/jfm.2021.1085) and Fritts, Wang, Thorpe, and Lund (2022, https://doi.org/10.1017/jfm.2021.1086) described a 3-dimensional direct numerical simulation of interacting Kelvin-Helmholtz instability (KHI) billows and resulting tube and knot (T&K) dynamics that arise at a stratified shear layer defined by an idealized, large-amplitude inertia-gravity wave. Using similar initial conditions, we performed a high-resolution compressible simulation to explore the emission of GWs by these dynamics. The simulation confirms that such shear can induce strong KHI with large horizontal scales and billow depths that readily emit GWs having high frequencies, small horizontal wavelengths, and large vertical group velocities. The …

Bolsonaro: Extradition And The Limits Of The Political Exception Doctrine, Allison Herstic

Cardozo International & Comparative Law Review (CICLR) Blog

Former Brazilian President Jair Bolsonaro’s recent move to Florida represents a potential clash between the immunity afforded to former political leaders and the notion of extradition – a treaty-based obligation to return individuals charged with offenses to their home country.

This post was originally published on the Cardozo International & Comparative Law Review on April 3, 2023. The original post can be accessed via the Archived Link button above.

The Uncertain Fate Of Section 230, Alissa Donovan

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

At a time when the internet’s potential was almost entirely unknown, members of Congress set forth to protect the diverse discourse, cultural development, and intellectual progression that the internet promised to offer. Congress boasted that the internet and other interactive computer services “flourished” under the realm of minimal governmental regulation. Therefore, in an effort to protect the continued development of the internet and other interactive computer services—and with them, the furtherance of intellectual progression—Congress enacted 47 U.S.C. §230 (“Section 230”). Section 230 was, in part, a response to the interpretation of the Communications Decency Act (“CDA”), which was proposed to …

More Than A Framework: Adopting An Equity Mindset Action Steps For School Leaders To Enact Change, Michelle Y. Hassan

Theses and Dissertations

To secure the economic well-being of our country in the current global society, we must be concerned with all students, and all means all. This qualitative research study asserts the need to stop focusing on the achievement gap and work to close opportunity gaps through equitable school practices. This narrative inquiry study critically analyzed equity frameworks and sought to understand how equity directors translate theory into praxis. Their counternarratives shared their approach to praxis during their journey. This study used Critical Race Theory (CRT) and CRT in Education theoretical frameworks to examine the equity directors' experiences. Their stories provided wisdom …

Reply Brief Of Appellant Deanna Thomas, Betsy Ginsberg

Amicus Briefs

Betsy Ginsberg filed a Reply Brief on behalf of Appellant Deanna Thomas.

Tenth Circuit Database Project: 2021-2022 Yearbook, Pelecanos

Denver Law Review

This Note is the product of the Tenth Circuit Database Project, and it analyzes one year of Tenth Circuit data from April 2021 through March 2022. The Project uses two databases, including one that was specifically designed for Denver Law Review and the Tenth Circuit Database Project. The information is displayed using an unconventional approach. It is crafted as a yearbook that compares the Tenth Circuit to a high school. Although the presentation is playful, the Note is a nascent attempt at manipulating the data in a meaningful way. Ultimately, the Note finds several interesting trends in the data, including …

Abolishing Peremptory Challenges: A Fair Price To Pay For Just Jury Selection, Micheal Kilbourn

Denver Law Review

This Comment addresses the opportunity to abolish peremptory challenges in Colorado. A recap of the history of racism and inequality in the United States provides context for a discussion about the present state of this society in terms of fairness within our criminal legal system. This Comment discusses the widely recognized need for remediation of racial discrimination and bias rooted throughout the criminal punishment process but acutely exemplified by jury selection in that setting. An exploration of a recent attempt by the Supreme Court of Colorado’s Rules of Criminal Procedure Committee to catalyze a revision to the state’s Rule of …

People Ex Rel. K.C. V. K.C.: Icwa Is For All Native Children, Katelyn Elrod

Denver Law Review

In 1978, Congress enacted the Indian Child Welfare Act (ICWA) to address a national issue—child welfare agencies were removing American Indian and Alaska Native children from their homes and placing them in non-Native homes at alarming rates. Systemic bias against Native cultures fueled these removals, which resulted in Native children being stripped of their identities and tribes struggling to pass on their histories and traditions with a dwindling number of Native children in the community. Under ICWA, however, courts must apply certain procedural safeguards in cases involving families with “Indian children.” In People ex rel. K.C. v. K.C., the Colorado …

Strategic Considerations For Going En Banc In The Tenth Circuit, Bobby R. Baldock, Joel M. Carson Iii, Bryston C. Gallegos

Denver Law Review

The vast majority of decisions of the U.S. Court of Appeals for the Tenth Circuit are rendered by a panel of three judges. But sometimes, all active members of the court, and any senior judge who was part of the original three-judge panel, will sit together to decide a particular issue. This process is called “en banc” review. Parties often ask the Tenth Circuit to “go en banc,” as it has been colloquially dubbed, but the court rarely entertains such requests. The substantial disparity between the total number of appeals in the Tenth Circuit each year, the number of en …

Monocyte Depletion Enhances Neutrophil Influx And Proneural To Mesenchymal Transition In Glioblastoma, Zhihong Chen, David H Gutmann, Et Al.

2020-Current year OA Pubs

Myeloid cells comprise the majority of immune cells in tumors, contributing to tumor growth and therapeutic resistance. Incomplete understanding of myeloid cells response to tumor driver mutation and therapeutic intervention impedes effective therapeutic design. Here, by leveraging CRISPR/Cas9-based genome editing, we generate a mouse model that is deficient of all monocyte chemoattractant proteins. Using this strain, we effectively abolish monocyte infiltration in genetically engineered murine models of de novo glioblastoma (GBM) and hepatocellular carcinoma (HCC), which show differential enrichment patterns for monocytes and neutrophils. Eliminating monocyte chemoattraction in monocyte enriched PDGFB-driven GBM invokes a compensatory neutrophil influx, while having no …

Defining And Increasing Student Engagement Using Flexible Seating In Elementary Classrooms, Jacklyn Phillips

Masters Projects

Education has mostly stayed the same since the 19th century, yet students and teachers have changed. Teachers once defined student engagement as the time students spent working on the task assigned. However, today there are many definitions for student engagement; which is correct? Researchers have defined student engagement as anything from "time on task" to seven different levels of engagement (Merwin, 1969, as cited in Trowler, 2010, p. 34; Schlechty, 2011). There is no one standard definition for student engagement. The concern is how educators increase engagement. This project suggests that educators move out of the 19th-century classroom setting and …