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Bostock And The "Nexus Test" In Custody Disputes, Megan Laney Apr 2023

Bostock And The "Nexus Test" In Custody Disputes, Megan Laney

North Carolina Civil Rights Law Review

No abstract provided.


Evolving Online Terrain In An Inert Legal Landscape: How Algorithms And Ai Necessitate An Amendment Of Section 230 Of The Communications Decency Act, Ellison Snider Apr 2023

Evolving Online Terrain In An Inert Legal Landscape: How Algorithms And Ai Necessitate An Amendment Of Section 230 Of The Communications Decency Act, Ellison Snider

Minnesota Law Review Vols. 106:2 onward (2021-present)

The consequences of online speech are undeniable, and yet, as the internet rapidly evolves, Section 230 of the Communications Decency Act (CDA 230), the federal law most concerned with internet regulation, stays the same. The pervasive presence of algorithms and artificial intelligence (AI), sophisticated technologies used by platforms to autonomously organize and facilitate the spread of online speech, vindicates a reassessment of CDA 230’s scope and applicability in the context of the modern internet. The internet’s impact on modern society is profound. In recent years, it has supported powerful grassroots organizing for social movements and allowed connection to distant loved …


Gender-Based Religious Persecution, Pooja R. Dadhania Apr 2023

Gender-Based Religious Persecution, Pooja R. Dadhania

Minnesota Law Review Vols. 106:2 onward (2021-present)

People fleeing gender-based violence in the home face an uphill battle when seeking asylum in the United States. Through the lens of public and private spheres, this Article explores the underutilized religion ground for asylum for cases involving gender-based violence in the home—i.e., the private sphere. This Article argues that if an individual imposes a patriarchal practice on an asylum seeker in the private sphere and justifies that practice using religion, the asylum seeker’s resistance to that practice should constitute religious expression. The religion ground protects individuals who are persecuted because of their religious beliefs and religious expression. It typically …


Criminal Terms, Anna Roberts Apr 2023

Criminal Terms, Anna Roberts

Minnesota Law Review Vols. 106:2 onward (2021-present)

Core terms used by criminal legal academics bolster the criminal system and ward off radical critique. They do this by conveying implicit messages of three types: that the criminal system is generally accurate, that it is necessary, and that it is well-intentioned and moving in the right direction. While recent legal scholarship has identified other subtle ways in which we send pro-carceral messages, it has not focused on vocabulary. We thus fall behind other entities that have announced vocabulary change, in recognition of the harm that such messages can do. We too have influence, not just through scholarly and public …


There Is No Such Thing As Circuit Law, Thomas B. Bennett Apr 2023

There Is No Such Thing As Circuit Law, Thomas B. Bennett

Minnesota Law Review Vols. 106:2 onward (2021-present)

Lawyers and judges often talk about “the law of the circuit,” meaning the set of legal rules that apply within a particular federal judicial circuit. Seasoned practitioners are steeped in circuit law, it is said. Some courts have imagined that they confront a choice between applying the law of one circuit or another. In its strong form, this idea of circuit law implies that each circuit creates and interprets its own body of substantive law that is uniquely applicable to disputes that arise within the circuit’s borders. This article argues that the notion of circuit law is nonsensical and undesirable …


North Carolina's Establishment Clause: History And Interpretation, Rachel E. Grossman Apr 2023

North Carolina's Establishment Clause: History And Interpretation, Rachel E. Grossman

North Carolina Civil Rights Law Review

No abstract provided.


One Of These Things Is Not Like The Other: The Limitations Of The Reconstruction Era Amendments In United States V. Roof, Kathryn Anne B. Robinson Apr 2023

One Of These Things Is Not Like The Other: The Limitations Of The Reconstruction Era Amendments In United States V. Roof, Kathryn Anne B. Robinson

North Carolina Civil Rights Law Review

No abstract provided.


Philanthropic Justice: The Role Of Private Foundations In Transitional Justice Processes, Julia Emtseva Apr 2023

Philanthropic Justice: The Role Of Private Foundations In Transitional Justice Processes, Julia Emtseva

Michigan Journal of International Law

In recent years, political transitions have become a major area of interest to private actors, including philanthropies. More and more philanthropic foundations have chosen to donate money to support transitional justice processes across the globe. However, philanthropies often take on not only the role of a funder but also the role of an active participant in transitional justice (TJ) mechanisms. They push for the building of long-lasting partnerships with state authorities and international organizations, and, sometimes, take over and administer certain transitional justice processes. As a result, philanthropic foundations wield considerable power in transitional justice, especially when the state cannot …


The Role Of Constitutional Provisions In Protecting Artificial Reproductive Technology: A Comparative Analysis Of The United Kingdom, France, Germany, Italy, And The United States, Gabrielle Kleyner Apr 2023

The Role Of Constitutional Provisions In Protecting Artificial Reproductive Technology: A Comparative Analysis Of The United Kingdom, France, Germany, Italy, And The United States, Gabrielle Kleyner

UC Law Science and Technology Journal

Artificial reproductive technology (ART) is a common medical treatment for individuals struggling with infertility. However, accessibility depends largely on social, economic, and legal factors. This article will examine the role constitutional provisions play in protecting access to ART, comparing countries with constitutional provisions protecting the right to health like the United Kingdom, France, Germany, and Italy, with the United States, which lacks such safeguards. This article will begin by comparing the constitutional provisions protecting the right to health broadly and then explore the specific guidelines governing ART. The article ultimately finds a relationship between constitutional health protections and access to …


Childbearing Under Unbearable Circumstances: The Importance Of Abortion Ban Exceptions For Victims Of Sexual Violence And The Current Bias Against Sex Trafficking Victims, Lori N. Ross Apr 2023

Childbearing Under Unbearable Circumstances: The Importance Of Abortion Ban Exceptions For Victims Of Sexual Violence And The Current Bias Against Sex Trafficking Victims, Lori N. Ross

University of Baltimore Law Review

No abstract provided.


The Limits Of Behavioral Antitrust, Peter O'Loughlin Apr 2023

The Limits Of Behavioral Antitrust, Peter O'Loughlin

University of Baltimore Law Review

No abstract provided.


Cannabis And Commercial Leases: Should Maryland Be “Under The Influence” Of Other States?, Alina Pargamanik Apr 2023

Cannabis And Commercial Leases: Should Maryland Be “Under The Influence” Of Other States?, Alina Pargamanik

University of Baltimore Law Review

No abstract provided.


Component Testing And Characterization Of An Innovative Pressurized Sand Damper For The Response Modification Of Structures, Konstantinos Kalfas Apr 2023

Component Testing And Characterization Of An Innovative Pressurized Sand Damper For The Response Modification Of Structures, Konstantinos Kalfas

Civil and Environmental Engineering Theses and Dissertations

This study is partly motivated by the need to develop sustainable energy dissipation devices that do not suffer from oil leakage due to failure of their end seals and from displacement limitations; and partly from the need to develop a robust damper that consists only of traditional civil engineering materials (sand and steel) in association with the use of post-tensioned steel rods with which practitioner civil engineers are familiar. Past failures of fluid dampers are both disruptive and costly, therefore not in-line with the current design paradigm of sustainable engineering, where the design and construction of structural systems shall meet …


Literary Types: How Literature Helped Inspire Healing And Joy In My Classroom And Beyond, A Narrative, Donald R. Anderson Apr 2023

Literary Types: How Literature Helped Inspire Healing And Joy In My Classroom And Beyond, A Narrative, Donald R. Anderson

Doctor of Education (EdD)

This manuscript examines the role of bibliotherapy, specifically the utilization of literature in the form of books, to address and treat emotional and psychological distress. The document offers a concise historical overview of bibliotherapy, in addition to 29 chapters presenting contemporary accounts illustrating the successful application of bibliotherapy in the lives of both adolescents and adults. Extensive research supports the notion that bibliotherapy constitutes a rational and practical approach to assisting individuals of all ages, with a particular emphasis on adolescents, in overcoming emotional trauma and initiating the healing process. Specifically, a seminal study conducted in the Netherlands by Tijms, …


"They Don't Know What They Don't Know": A Study Of Diversion In Lieu Of Lawyer Discipline, Leslie C. Levin, Susan Saab Fortney Apr 2023

"They Don't Know What They Don't Know": A Study Of Diversion In Lieu Of Lawyer Discipline, Leslie C. Levin, Susan Saab Fortney

Faculty Articles and Papers

Lawyer misconduct can have devastating consequences for clients. But what is the appropriate regulatory response when lawyers make less serious mistakes? For almost thirty years, jurisdictions have offered some lawyers diversion in lieu of discipline. Diversion is intended to help educate lawyers or treat those with impairments so that they do not reoffend. Yet remarkably little is known about how diversion operates, whether it is used appropriately, and how well it seems to work. This Article addresses these questions. It draws on the limited published data and on interviews with disciplinary regulators in twenty-nine jurisdictions about their use of diversion. …


New Dentist News (April 2023), Ada Committee On The New Dentist Apr 2023

New Dentist News (April 2023), Ada Committee On The New Dentist

New Dentist News

New Dentist News offers timely information on scientific, social, educational, political and economic developments affecting new dentists. This collection is historical and items may not reflect current standards. For up-to-date information contact the ADA. The New Dentist News was alternately titled ADA Lifeline, 1997-June 2001.


Automated Machine Learning For Analysis And Prediction Of Vehicle Crashes, Abhishek Saxena, Stefan A. Robila Apr 2023

Automated Machine Learning For Analysis And Prediction Of Vehicle Crashes, Abhishek Saxena, Stefan A. Robila

School of Computing Faculty Scholarship and Creative Works

This work discusses the study and development of a graphical interface and implementation of a machine learning model for vehicle traffic injury and fatality prediction for a specified date range and for a certain zip (US postal) code based on the New York City's (NYC) vehicle crash data set. While previous studies focused on accident causes, little insight has been offered into how such data may be utilized to forecast future incidents, Studies that have historically concentrated on certain road segment types, such as highways and other streets, and a specific geographic region, this study offers a citywide review of …


Community Voice Magazine - Putting Pressure On Wounds; How To Help And Restore Hope In Turbulent Times, Office Of Equity And Inclusion, East Tennessee State University Apr 2023

Community Voice Magazine - Putting Pressure On Wounds; How To Help And Restore Hope In Turbulent Times, Office Of Equity And Inclusion, East Tennessee State University

Community Voices [magazine]

MMIWG...Step up and correct this long term epidemic-protect indigenous women and girls!

This Means War...read about our local LGBTQ+ neighbors who are staring down the barrels of erasure and genocide.

Control is the Goal...Learn about the troubling and racialized history of the police in the United States.


Constitutional Issues In Family Law: An Annotated Bibliography (Part 2 Of 2), Allen K. Rostron Apr 2023

Constitutional Issues In Family Law: An Annotated Bibliography (Part 2 Of 2), Allen K. Rostron

Faculty Works

Significant constitutional questions often arise in the family law context. This is the second of two bibliographies, in this volume of the Journal of the American Academy of Matrimonial Lawyers, about constitutional issues in family law. It focuses on issues discussed in the articles in this issue of the journal.


Prosecuting Excessive Pricing Of Pharmaceuticals Under Competition Law: Evolutionary Development, Frederick M. Abbott Apr 2023

Prosecuting Excessive Pricing Of Pharmaceuticals Under Competition Law: Evolutionary Development, Frederick M. Abbott

Scholarly Publications

Prosecution of pharmaceutical companies for excessive pricing of products under competition law is now a reality. As recently as a decade ago, such prosecutions were virtually nonexistent. That situation has changed dramatically as competition authorities in Europe and South Africa have pursued a significant number of such prosecutions and have levied substantial fines against the investigated parties. While the United States has traditionally led in policing the pharmaceutical market against anticompetitive misconduct, in this specific arena it has fallen behind, principally because federal courts so far have refused to acknowledge excessive pricing as a cause of action under Section 2 …


Tectonomagmatic Evolution Of Southwestern Laurentia: Insights From Zircon U-Pb Geochronology And Hafnium Isotopic Composition Of The Red Bluff Granite Suite, West Texas, Usa, Munazzam Ali Mahar, Philip C. Goodell, Jason W. Ricketts, Eric J. Kappus, James L. Crowley, Anthony M. Alvarez Apr 2023

Tectonomagmatic Evolution Of Southwestern Laurentia: Insights From Zircon U-Pb Geochronology And Hafnium Isotopic Composition Of The Red Bluff Granite Suite, West Texas, Usa, Munazzam Ali Mahar, Philip C. Goodell, Jason W. Ricketts, Eric J. Kappus, James L. Crowley, Anthony M. Alvarez

Geosciences Faculty Publications and Presentations

We provide laser ablation–multicollector–inductively coupled plasma–mass spectrometry (LA-MC-ICP-MS) and high-precision chemical abrasion–isotope dilution–thermal ionization mass spectrometry (CA-ID-TIMS) U-Pb ages and Hf isotopic compositions of zircons from the Red Bluff Granite Suite and mafic dikes in the Franklin Mountains of El Paso, Texas, USA. Granitoids exposed in the Franklin Mountains were previously divided into five magmatic stages based on cross-cutting relationships. Major and trace element compositions showed that these granitoids are ferroan, alkaline, and A2 type. Homogeneity in the whole-rock geochemistry suggests that the granite stages are genetically related and share similar petrogenetic histories. Weighted mean zircon 206Pb/238U …


Advances In Our Understanding Of Pyroclastic Current Behavior From The 1980 Eruption Sequence Of Mount St. Helens Volcano (Washington), Usa, Brittany D. Brand, Aaron A. Marshall Apr 2023

Advances In Our Understanding Of Pyroclastic Current Behavior From The 1980 Eruption Sequence Of Mount St. Helens Volcano (Washington), Usa, Brittany D. Brand, Aaron A. Marshall

Geosciences Faculty Publications and Presentations

This review summarizes what the volcanology community has learned thus far from studying the deposits of pyroclastic currents (PCs) from the 1980 eruption sequence at Mount St. Helens. The review includes mass flow events during the May 18 eruption, including the lateral blast, the afternoon column collapse and boil-over PC activity, and some aspects of the debris avalanche. We also include a summary of PCs generated in the smaller eruptions following the climactic May 18 event. Our objective is to summarize the state of our understanding of PC transport and emplacement mechanisms from the combination of field and laboratory observations, …


An Analysis Of Factors In The Policymaking Process That Enabled Prison Sentence Decreases Through The 2022 Organic Law Of Comprehensive Guarantee Of Sexual Freedom/La Ley Del Solo Sí Es Sí In Spain, Cambron Wade Apr 2023

An Analysis Of Factors In The Policymaking Process That Enabled Prison Sentence Decreases Through The 2022 Organic Law Of Comprehensive Guarantee Of Sexual Freedom/La Ley Del Solo Sí Es Sí In Spain, Cambron Wade

Independent Study Project (ISP) Collection

To follow through on their ratification of the Istanbul Convention and public outcry after La Manada case, the Spanish Government passed the Organic Law of Comprehensive Guarantee of Sexual Freedom, also known as the law of only yes is yes (or la ley del solo sí es sí) - which came into effect on October 7, 2022. This law changed the Criminal Code by removing the distinction between sexual assault and sexual abuse, which previously caused victims to endure the difficult process of proving that there was violence and intimidation. By moving all sexual acts without consent under the category …


Wishing For Water While Fleeing Their Farms: A Study Of Water Scarcity And Internal Migration In Tunisia, Tyler Rak Apr 2023

Wishing For Water While Fleeing Their Farms: A Study Of Water Scarcity And Internal Migration In Tunisia, Tyler Rak

Independent Study Project (ISP) Collection

How does water scarcity and limited water access impact internal migration? I argue that water scarcity and limited access to water is likely to increase internal migration in Tunisia. The mechanism through which I will investigate this relationship is in the agricultural sector. In this research, I found that water scarcity does exist in Tunisia and that scarcity impacts the economy, employment, and perceptions of rural areas in Tunisia. This, in turn, likely contributes to internal migration, although my research could not conclude whether water scarcity acts a causative factor to internal migration. This topic has become more prevalent than …


Neoliberalismo Y La Mar: Los Efectos Del Sistema Neoliberal Y La Pesca Artesanal De Caleta Portales, Isaac Bronfine Apr 2023

Neoliberalismo Y La Mar: Los Efectos Del Sistema Neoliberal Y La Pesca Artesanal De Caleta Portales, Isaac Bronfine

Independent Study Project (ISP) Collection

This study is meant to explore the fundamental conflict between the neoliberal system implemented in Chilean society and the artisanal fishing sector, represented by Caleta Diego Portales in Valparaíso, Chile. The struggle of the artisanal fishing sector has been made more salient in the minds of the general Chilean public due to the estallido social or “social explosion” in 2019 which lead to a process of drafting a new constitution, and the recent corruption scandals regarding government officials and fishing law reforms.

Beginning with how neoliberal theory gained traction in intellectual spaces around the world, this study then examines how …


Hydrological Patterns Of The Chimborazo Reserve: Streamflow, Climate, And Glacier Recession Data Show A Loss Of Glacial Influence On The Southwestern Aspect Of The Chimborazo Volcano, Ecuador., William F. M. Patrick Apr 2023

Hydrological Patterns Of The Chimborazo Reserve: Streamflow, Climate, And Glacier Recession Data Show A Loss Of Glacial Influence On The Southwestern Aspect Of The Chimborazo Volcano, Ecuador., William F. M. Patrick

Independent Study Project (ISP) Collection

The Chimborazo volcano of the central Ecuadorian Andean Cordillera (6310 m) has been shown to currently be undergoing extreme glacial recession due to climate change. For this reason, this study sought to analyze climate and glacier recession data in conjunction with streamflow from kryal (glacial-fed), rhithral (non-glacial-fed), and intermediate streams to not only evaluate the current health of Chimborazo’s glaciers, but also determine how hydrology in the region will respond to future climate change. The rate of glacial recession on the volcano was determined using satellite imagery between 1965 and 2019. Measurements of stream elevation, pH, water temperature, width, depth, …


An Exploratory Study Into Empowering Grade 10 And 11 Learners Through Critical Engagement With South African Literature: A Case Study In Cato Manor, Sally Fales Apr 2023

An Exploratory Study Into Empowering Grade 10 And 11 Learners Through Critical Engagement With South African Literature: A Case Study In Cato Manor, Sally Fales

Independent Study Project (ISP) Collection

This qualitative research project explores how critical engagement with Black South- African authored literature empowers the voices of grade 10 and 11 students in the Cato Manor township of South Africa. Located within a Freirean educational framework, this research utilizes a critical pedagogy approach to empower student voices through representation in texts, deconstruction of a knowledge hierarchy, problem-posing pedagogy, and exposure to themes of racial pride and self-agency in selected literature. This study employs a general qualitative design paradigm consisting of engagement with 3 focus groups of 10-11 learners spanning grades 10 and 11 in Cato Manor public secondary schools. …


Rocky Intertidal Community Structure Along An Upwelling Gradient Between Playa Venao And Nueva Gorgona On Panama’S Pacific Coast, Claire Brady Apr 2023

Rocky Intertidal Community Structure Along An Upwelling Gradient Between Playa Venao And Nueva Gorgona On Panama’S Pacific Coast, Claire Brady

Independent Study Project (ISP) Collection

Ecological research on rocky intertidal ecosystems has increasingly focused on the regional oceanographic processes that shape community structure over functional group interactions. Intertidal communities’ dependence on onshore and offshore transport of intertidal species larvae, dissolved inorganic nutrients, and phytoplankton signal that upwelling and nearshore currents can have an influential role in determining the growth and composition of intertidal systems. The community structure of rocky intertidal areas was compared between two locations along an upwelling gradient in the Gulf of Panama: Nueva Gorgona, with intermittent seasonal upwelling, and Playa Venao, with fringe seasonal upwelling. The surface cover of algae, barnacles, and …


Echoes Of The Zong Confronting Legal Realism In The Arguments For Reparations From The Atlantic Slave Trade And Modernday Human Trafficking, Glenys Spence Apr 2023

Echoes Of The Zong Confronting Legal Realism In The Arguments For Reparations From The Atlantic Slave Trade And Modernday Human Trafficking, Glenys Spence

Faculty Scholarship

This Article is based on the premise that modern day human trafficking, like the transatlantic slave trade, violates jus cogens norms, and thus the practice was and still is a violation of US laws under customary international law. The analysis will examine the laws that were applied to chattel slavery in England and her colonies through the lens of some seminal slavery cases to unearth the tyranny of interpretation in human trafficking reparations and liability claims under the current Supreme Court jurisprudence and the Alien Tort Statute (“ATS”). The featured cases will reveal that the same philosophies undergirding the jurisprudence …


Utrgv Som Commencement 2023, The University Of Texas Rio Grande Valley. School Of Medicine Apr 2023

Utrgv Som Commencement 2023, The University Of Texas Rio Grande Valley. School Of Medicine

SOM Commencement Programs

UTRGV SOM Commencement 2023 Livestream