Digital Commons Network^™

“Where Have All Our Children Gone?”: The Detrimental Evolution Of The Juvenile Justice System And The Reform Efforts To Restore Its Original Intent, Sofia Depasquale

Political Science Undergraduate Theses

No abstract provided.

The Entanglement Of Facts And Values: An Overlooked Problem For Legal Positivism, Stephen A. Simon

West Virginia Law Review

Scholars have long been fascinated by the relation between law and morality, and in particular by the question of whether identifying the law requires making moral judgments. H.L.A. Hart and other legal positivists insist that we can identify the law without making moral judgments. By contrast, Ronald Dworkin and other opponents of legal positivism hold that determining law’s meaning necessarily involves moral reasoning. The most prominent contemporary case against legal positivism, developed by Dworkin, argues that interpretation—giving meaning to legal language—inherently requires moral judgments. While Dworkin’s arguments are powerful, the discourse has overlooked another basis for rejecting legal positivism: one …

The Judiciary's Arbitrary And Capricious Problem, Jack D. Malich

West Virginia Law Review

The Supreme Court has not been shy in its efforts to change, and in some cases, overturn long-standing administrative law precedent. Yet in one area, arbitrary and capricious review under Motor Vehicles Manufacturers Ass’n v. State Farm Mutual Insurance Co., the Court has ostensibly not acted to modify any part of the doctrine. Recently, however, the federal judiciary has increasingly used arbitrary and capricious review to invalidate major agency actions over what seem to be somewhat minor procedural flaws. The increased stringency of such review has led to increasing conflict between the executive and judicial branch. Two Supreme Court decisions …

Consent Absent Consensus: A Principles-Based Framework For Institutional Sexual Consent Policies, Tammi Walker

West Virginia Law Review

Title IX requires educational institutions to address sexual misconduct but provides no clear standard for defining consent. In the absence of federal guidance, colleges and universities operate in a regulatory vacuum, producing inconsistent definitions, legal uncertainty, and contested understandings of what consent requires. Without a structured framework, institutions struggle to balance survivor protection, due process, and practical implementation. This Article introduces a principles-based framework that supports clearer, more coherent consent policies. It identifies three interdependent elements of valid sexual consent: (1) Respect for Choices and Autonomy, which requires voluntary agreement free from coercion or pressure; (2) Informed Expectations and Transparency, …

Asarco Delenda Est, John Greabe

West Virginia Law Review

ASARCO Inc. v. Kadish is the most important Supreme Court decision addressing the adjudication in state courts of federal claims that Article III’s case-or-controversy requirements would bar lower federal courts from hearing. But there are two serious problems with the reasoning of ASARCO: one involving an error of omission and the other an error of commission. ASARCO’s error of omission is its apparent assumption that a party barred from asserting a federal claim in federal court because of a lack of redressable Article III injury caused by the conduct complained of should face no barriers to obtaining relief on the …

Drawing Lines In The Substance: Questioning The Inconsistent Application Of West Virginia's Recidivist Statute In Cases Involving Controlled Substance Violations, Patrick Hassen

West Virginia Law Review

For decades, West Virginia’s recidivist statute required courts to sentence repeat felony offenders to life in prison even if their offenses were not violent. Over the years, the statute mandated life sentences for triggering offenses as minor as writing a bad check or failing to register a new phone number with the police. Unsurprisingly, the statute has come under its fair share of constitutional attack for violating the state Constitution’s proportionality principle. In 1981 the Supreme Court of Appeals of West Virginia held the state’s proportionality principle requires a strict interpretation of the recidivist statute in favor of the defendant. …

A Damning Doctrine: State-Created Danger, Sierra Dotson

West Virginia Law Review

United States Supreme Court should take to promote uniformity in the correct interpretation of the doctrine and in applying the state-created danger exception.

The Living Architecture Of Law, Joseph R. Goodwin

West Virginia Law Review

No abstract provided.

The Last Human Question: Generative Ai's Existential Threat To Consensus And Law, Joshua Fairfield

West Virginia Law Review

The true risk of artificial intelligence (“AI”) is not that the toasters will rise up. It is that AI will be competent to perform human tasks and indifferent to human welfare. The risk is that we will be outcompeted by generative automated processes that create output similar to ours (although never the same, as this Article explains), but which need none of the outputs of the economy for food, shelter, or human flourishing. Further, a more precise and existential description of the threat is that generative AI will disrupt and crowd out humanity’s evolutionary superpower, our ability to generate agreement …

Ai And Law Milestones: From Top-Down To Bottom-Up Computational Models Of Legal Reasoning (And Back), Kevin Ashley

West Virginia Law Review

This Article introduces five research and development milestones in the field of Artificial Intelligence and Law and then discusses how large language models (“LLMs”) and generative AI (“GenAI”) are affecting each of them. The milestones include legal expert systems, lessons learned in computationally modeling legal rules and statutes, knowledge-based models of legal argument, machine learning models that classify case texts and predict outcomes, and the design and evaluation of legal applications of LLMs and GenAI. These milestones illustrate how top-down knowledge-based computational models of legal expertise have rapidly given way to bottom-up models based on machine learning. Knowledge-based models explicitly …

A View Under The Hood: Duquesne Kline's Law And Computing Program, Wesley M. Oliver, Katherine L.W. Norton, Martin Mckown, David Horrigan

West Virginia Law Review

No abstract provided.

Gendered Discourses And Classed Access Routes For Feminist Djs In Irish Subcultural Scenes, Andrea Cleary

Irish Communication Review

This article examines feminist collectives in Ireland’s electronic/dance music (E/DM) and music technology (MT) scenes, focusing on how gender and class intersect to shape access and participation. Drawing on thematic analysis of interviews with five collective members active between 2016 and 2025, it traces paths to participation from "musical homes" to instrument education to university DJ societies. To do this, it examines the overlapping family, cultural and subcultural capitals which shaped their journeys. Finally, this article considers the role of feminist collectives in creating alternative educational spaces and networks for women and gender minority participation in E/DM cultures.

‘It’S The Best Person For The Job’: Gendering Logic And The Hiring Practices Of Music Organisations In Ireland, Yvonne Kiely Dr

Irish Communication Review

Despite calls for reform in the allocation of jobs in music industries, little is known about how music organisations operate internally and the day-to-day realities that male and female workers must navigate. Findings of bullying and harassment in the arts sector by the Irish Theatre Institute prompted the Irish government in 2022 to issue a set of recommendations aimed at reforming the working conditions and gender divisions of labour of arts sector organisations under its remit. These recommendations were made in the absence of academic studies of music organisations in Ireland, and in the absence of centralised data about these …

“This Play Has Become Something That Isn’T For Us”: Working Class Identity, Canonical Inheritance, And The Girlo On Stage In That’S Sooo Povo!, Ciara L. Murphy Dr

Irish Communication Review

That’s Sooo Povo! was first produced in 2025 as part of the Dublin Fringe Festival by D’Girlos Theatre Company. The play follows Chantelle and Croía, two working class Dublin drama students who, when faced with partnering up to perform a scene from Sean O’Casey’s The Plough and the Stars (1926), end up summoning the “drag-drenched larger-than-life entity” Queen Povo (That’s Sooo Povo! | Fringe Festival, 2025). This companion piece firstly aims to examine how O'Casey's The Plough and the Stars has made a journey from subversive class critique to nostalgic institutional property, and what it means for working class women …

The Legal Framework For Direct Ocean Carbon Capture And Storage (Volume 1: International Law), Romany M. Webb, Korey Silverman-Roati

Sabin Center for Climate Change Law

This paper focuses on the marine carbon dioxide removal (mCDR) approach of direct ocean carbon capture and storage (DOCCS), which aims to remove some of the carbon currently stored in the ocean and thereby enable it to uptake additional carbon dioxide from the atmosphere. DOCCS is still undergoing research, but early studies suggest it could have significant carbon dioxide removal potential. However, DOCCS could also present environmental and other risks, including from the construction of new facilities, the intake and processing of water, and the handling and storage of carbon dioxide. Careful siting, design, and operation of DOCCS systems is …

Tfeb Degradation Is Regulated By An Ikk/Β-Trcp2 Phosphorylation-Ubiquitination Cascade, Yan Xiong, Jaiprakash Sharma, Meggie N Young, Wen Xiong, Ali Jazayeri, Karl F Poncha, Ma Xenia G Ilagan, Qing Wang, Bei Gao, Hui Zheng, Nicolas L Young, Marco Sardiello

Center on Aging Staff Publications

Transcription factor EB (TFEB) is a master regulator of lysosomal biogenesis and cellular clearance pathways. TFEB activity is tightly controlled by multiple post-translational mechanisms, but the exact molecular mechanism controlling its stability has remained elusive. Here, we identify the IκB kinase (IKK) complex as a key regulator of TFEB protein stability through a phosphorylation-ubiquitination cascade. A high-content kinase inhibitor screen reveals that IKK inhibition increases TFEB protein levels, and genetic ablation of IKK components increases TFEB stability, upregulates lysosomal genes, and enhances lysosomal biogenesis and degradative capacity. Mechanistically, we show that IKK phosphorylates TFEB on a cluster of serine residues …

A Culture Divided: How Irish Americans Responded To Ireland’S Wartime Neutrality, Robert J. Barron

Honors College Theses

In the Second World War, the nation of Ireland declared its neutrality and maintained this status through the course of the long conflict. Meanwhile, Germany, Great Britain, and eventually the United States all competed to gain Ireland’s support in the war. However, one overlooked group continued to keep tabs on the affairs within their homeland: Irish Americans. How does one respond to a nation you have a connection with staying neutral in such a deadly conflict? The answer, for Irish Americans, was that it depended on the year. Before the United States entered the war, Irish Americans firmly defended the …

How To Transform Capitalism Through Law, Katharina Pistor

Faculty Scholarship

This essay is based on the presentation of my book, The Law of Capitalism and How to Transform It, at the University of Miami Law School on October 14, 2025. I am grateful for the opportunity to share a summary of this work in the University of Miami Law Review and to my colleagues Ingo Venzke and Martijn Hesselink, who were kind enough to offer their thoughts on it for this mini symposium.

Agenda Control And Precedent, Thomas P. Schmidt

Faculty Scholarship

The U.S. Supreme Court now has vast control over its agenda: It has the power to pick and choose not only what cases it will hear through writs of certiorari, but also what specific legal questions within those cases it will consider. As a result, the Court never revisits a precedent unless it has made a prior, discretionary choice to put the viability of a precedent on its agenda. For that reason, the Court’s powers of agenda control play a significant and underappreciated role in maintaining the continuity of the legal order. Indeed, it is no surprise that the formal …

Thinking Constructively About International Law, Monica Hakimi

Faculty Scholarship

The international order that has defined the post-World War II period is being radically transformed, presenting a once-in-a-generation opportunity to reconstitute its basic foundations. The pressing questions for international lawyers are about the roles their enterprise can and should play going forward. I argue in this Article that most lack the analytic framework they need even to begin tackling these questions. Worse, most seem mired in an old theory about law that corrupts how they approach their enterprise. My goals in the Article are to expose the prevalence of this bad theory and to present the grounds for discarding it, …

Conflict As Catalyst: The Role Of Conflict In Creating Political Space For Women, Christie S. Warren

Faculty Publications

Although the benefits associated with the presence of women in political decision-making positions are uncontested, global statistics relating to the number of women in political leadership roles paint a disappointing picture of underutilized resources. While rights-based advocacy, quotas, and economic incentives are commonly posited as effective strategies to increase the number of women active in public spaces, several studies have shown that the law alone is not sufficient to bring about changes in gender norms unless the underlying structural constructs that perpetuate inequalities privileging dominant groups are addressed first. Conflict, especially when driven by rejection of those inequalities, can hasten …

Mda5-Mavs And Interferon-Lambda Signaling In The Intestinal Epithelium Limit Murine Astrovirus Infection, Heyde Makimaa, Harshad Ingle, Leran Wang, Somya Aggarwal, Hongju Deng, Elizabeth A Kennedy, Lynne Foster, Yuhao Li, Megan T Baldridge

2020-Current year OA Pubs

Human astroviruses (HAstVs) are a global cause of pediatric gastroenteritis and can cause disseminated infection in immunocompromised hosts. Murine astrovirus (muAstV) causes acute asymptomatic infections in immunocompetent mice and chronic infection in immunodeficient models and has provided important insights into AstV pathogenesis in vivo. MuAstV can protect immunodeficient mice from other enteric viruses via robust induction of antiviral cytokine interferon-lambda (IFN-λ), with recent findings implicating goblet cells and enterocytes as both cell types infected by muAstV as well as potential sources of IFN-λ in vivo. However, the viral sensing pathways that regulate induction of IFN-λ, as well as the specific …

Predictors Of Total Hip Arthroplasty Among Patients With Chronic Comorbidities: A Multivariate Analysis Of A Medically Underserved Region, Blake C. Martin, Manoj Peiris

School of Medicine Publications

Background

THA is a common orthopedic procedure that is expected to increase in the coming years. Obesity and osteoarthritis are major factors that increase the risk of individuals requiring THA. The Rio Grande Valley (RGV) is a distinctive health professional shortage area with high rates of obesity, arthritis, and diabetes. This study aims to examine the relationship between chronic medical conditions and the need for THA in this at-risk, medically underserved population.

Methods

This investigation employed a retrospective chart review encompassing patient records from January 1, 2018, through January 1, 2025, using the University of Texas Rio Grande Valley electronic …

Comparing The Risk And Return Characteristics Of Ai Exchange-Traded Funds To Benchmark Stock Market Etfs, Aryan Malhotra

Honors Theses

Artificial intelligence exchange-traded funds (AI ETFs) have expanded rapidly as investors seek targeted exposure to firms developing or benefiting from AI technologies. This study compares the performance of 50 AI ETFs with two broad-market ETFs, SPY (S&P 500) and RSP (equal-weight S&P 500), from January 2018 to January 2026. AI ETFs exhibit higher expense ratios and strong correlations with both benchmarks, reflecting their concentration in large-cap technology stocks. Over the full sample, AI ETFs generated higher cumulative returns but with substantially greater volatility. Sub-period analysis further decomposes the post-COVID period into pre-ChatGPT (April 2020–November 2022) and post-ChatGPT (December 2022–January 2026) …

Icarus’S Fall: Villainization In Wicked, Star Wars, And The Untamed, Laura Renfroe

Honors Theses

When looking back on the most beloved, yet infamous, villains of popular culture, one can note an abundant rise of prequels and backstory-driven media exploring the paths that villain characters take that lead them to their tragic fall. Some of those stories include John M. Chu’s Wicked, George Lucas’s Star Wars: Episode III: Revenge of the Sith, and Chen Jialin and Zheng Weiwin’s The Untamed, each of which explores protagonists who are labeled as “wicked” and depicted as fallen to the “dark side.” While these characters are often studied in existing literary research, there have yet to be explicit ties …

Public Opinion Of And Faith In The U.S. Supreme Court, Allee Gay

Honors Theses

The US Supreme Court has been historically trusted as an impartial arbiter of the Constitution. However, in 2022 the level of public trust in the Supreme Court dropped to a historic low, and faith in the institution has not recovered in the following years. Previous research demonstrated that Supreme Court decisions can influence public opinion and suggested that the Dobbs v. Jackson Women’s Health Clinic can be blamed for this decline. Further research proved that the President’s role in appointing justices can have an effect on the perception of the Court. This study examines both the reactions to controversial cases …

A Comparative Analysis Of Alternative Pathways To A Law License In The United States, Katherine Willis

Honors Theses

In recent years, there has been an ongoing discussion of how bar exams may be disproportionately unfair to certain demographic groups as a standard pathway to admission to law practice. Some states have had longstanding alternate pathways to the legal profession that sidestep the bar exam and/or law school, including California, Virginia, Wisconsin, and New Hampshire. In the years following 2020 and the COVID-19 pandemic, other states have joined these jurisdictions in offering alternative pathways to practice that would replace the law school and/or bar exam requirements for aspiring lawyers. This thesis aims to bridge a gap in the literature …

The Impact Of Pp1Β Cancer-Associated Polymorphisms On Pp1Β Protein Abundance And Cell Survival In Humanized Saccharomyces Cerevisiae, Kaylee Martinez

Honors Theses

PP1β is an understudied protein phosphatase that affects the cell’s ability to reproduce. It has been known to be an important part of the cell cycle. Mutations within PP1β have been found to affect that process and influence the development of cancer and disease. In this thesis, different PP1β cancer and disease associated polymorphisms are investigated through the use of humanized yeast. PP1β yeast variants are tested by using Live/Dead cell assay and western blot techniques. Live/Dead analysis was conducted on different strains grown at permissible temperature (room temperature) and non-permissible temperature (37°C) over the course of 6 or 48 …

How Ip Ends, Dave Fagundes, Aaron Perzanowski

Articles

Real and personal property may last forever, but intellectual property (IP) ends. Despite the doctrinal complexity and practical significance of the mechanisms that terminate IP rights, scholarship has scarcely focused on them, and none has analyzed these doctrines as a unified field. As a result, the discourse about the ways IP ends remains impoverished, with courts, legislatures, and commentators offering imprecise and inconsistent formulations that obscure the rationales for these doctrines. This Article offers the first comprehensive taxonomy of IP’s terminal mechanisms, providing much-needed conceptual and definitional coherence. It then reveals the underappreciated policy leverage these mechanisms can deliver and …

Administering Election Disputes, Rebecca Green

Faculty Publications

U.S. election administration has become supercharged with controversy. A process that should be mundane—casting and counting votes—has become the target of relentless litigation, much of which ends in non-merits rulings that risk perpetuating rather than resolving public concerns. The high volume of election litigation is costly, strains election officials, and risks eroding public trust in both elections and the courts. Recognizing the need to resolve election claims fairly and efficiently, Administering Election Disputes examines administrative remedies as an under-theorized alternative to judicial resolution. Increased use of well-designed administrative election dispute resolution (AEDR) could reduce pressure on courts, deliver faster and …