Digital Commons Network^™

Lawyers' Duty Of Confidentiality And Clients' Crimes And Frauds, Douglas R. Richmond

Georgia State University Law Review

Lawyers’ ethical duty of confidentiality is a fundamental aspect of the attorney-client relationship. It is also an extraordinarily broad duty; indeed, it is broader than the attorney-client privilege. So extensive a duty of confidentiality is necessary to encourage clients to trust their lawyers and to be candid with them. The public also benefits from lawyers’ duty of confidentiality, as a comment to Rule 1.6 of the ABA’s Model Rules of Professional Conduct explains: “Almost without exception, clients come to lawyers in order to determine their rights and what is, in the complex of laws and regulations, deemed to be legal …

"Close The Sores Of War": Why Georgia Needs New Legislation To Address Its Confederate Monuments, Abigail Coker

Georgia State University Law Review

Confederate monuments have been a point of contention in America for decades, but a series of events since 2015 have stoked the most recent movement calling for their removal. In 2015, Dylann Roof murdered Black churchgoers at a historically Black church in Charleston, South Carolina. Because Roof was seemingly motivated and emboldened by Confederate ideology, many focused their attention on removing the more than 700 Confederate monuments throughout the country. Then, in August 2017, a large white nationalist rally assembled in Charlottesville, Virginia, to protest the removal of a statue of Robert E. Lee from Charlottesville’s Emancipation Park. The demonstrations …

Determining The Appropriate Reach Of Escobar's Materiality Standard: Implied And Express Certification, Jake Summerlin

Georgia State University Law Review

In 2016, the Supreme Court altered the landscape of the False Claims Act by recognizing implied certification as a viable theory of liability. Before the Court decided Universal Health Services, Inc. v. United States ex rel. Escobar, courts disagreed over the scope and legitimacy of the theory, arguing that it could create runaway liability if not held in check. The Court, although recognizing that implied certification expanded the reach of the False Claims Act, reassured itself and government contractors by reinforcing the common law antecedents of fraud, namely, that misrepresentations and omissions must be material to the government’s decision …

The "Middle Ground" Of Products Liability Analysis, Patrick Shalvey

Undergraduate Theses and Capstone Projects

The area of products liability has been the subject of intense debate for the past half-century, perhaps never more strongly than the decades comprising the second half of the twentieth century. Specifically, the 1970s was the decade that introduced the judicial community to this debate. In the 1970s and a few decades prior, consumerism skyrocketed to levels never seen before in the United States and in the world. Logically, this drastic increase in consumerism came with a drastic increase in products liability lawsuits. Manufacturing companies and corporations were forced to pay damages to injured parties at levels they never came …

Female Victimization In The 1970s And 1980s Slasher Film, Sarah Lukowski

Undergraduate Theses and Capstone Projects

To examine this portrayal of women in 1970s and 1980s slashers, I will first provide background on the genre using the influential films The Texas Chain Saw Massacre (1974) and Halloween (1978), and from there I will define the genre in accordance with its characteristics and formulaic conventions. Clover’s groundbreaking work (1987; 1992), offers a feminist perspective on slasher films and will provide substantial evidence throughout my paper. Then, I will compare and contrast multiple content analyses from the 1980s to the 2000s that use empirical studies to evaluate the degree to which women are victimized in slashers by the …

Transgender Rural Communities And Legal Rights To Gender-Affirming Health Care, Nathan R. Hamons, Valarie K. Blake

West Virginia Law Review

No abstract provided.

The Way Lawyers Worked, Michael Risch, Mike Viney

Faculty Publications

Court and litigation operations are opaque in the best of times, and the lack of explanatory Nineteenth Century legal records makes it even more difficult to learn how lawyers and judges went about their business. This may be one of the reasons there are so few accounts detailing the nuts and bolts of 1800s law practice. This Article illuminates the development of litigation and the law in the middle of the Nineteenth Century by examining archival court and Patent Office records. Most accounts of the time focus either on judicial opinions or the relationship of the parties, but few articles …

Food Assistance Use Among Food Bank Clients Affected By Type 2 Diabetes, Eliza Short, Jayati Sharma, Debbe I Thompson, Douglas Taren, Rhonda Gonzalez, Melanie Hingle

Children’s Nutrition Research Center Staff Publications

Objective: To understand the perspectives of food bank clients affected by type 2 diabetes (T2DM).

Design: Semi-structured in-depth interviews conducted with food bank clients.

Setting: Arizona regional food bank.

Participants: Twenty English- and Spanish-speaking food bank clients with T2DM or living with a person with T2DM, aged 45-83 years, majority female, Hispanic, and food insecure.

Phenomenon of interest: Food bank use and preferences, and how these related to T2DM management.

Analysis: A hybrid thematic analysis combining inductive and deductive reasoning.

Results: Three organizing themes emerged from the analysis. First, food assistance was influenced by food preferences and the ability to …

Time For A New Shoe? Making Sense Of Specific Jurisdiction, Jessica Hylton

Missouri Law Review

Many of us can likely recall the uncomfortable feeling of a shoe that just does not fit. Whether too big or too small, it no longer offers the protection it was designed to provide and risks only pain and injury. Either way, it is time for a new shoe. Personal jurisdiction has its own shoe. In the groundbreaking case of International Shoe Co. v. Washington, the Supreme Court of the United States set out the necessary principles for a court to exercise personal jurisdiction over a defendant. These principles have endured for nearly 100 years. However, recent expansions on personal …

Unconstitutional State Special Laws: Is Rational Basis Review The Rational Solution?, Chloe Slusher

Missouri Law Review

For centuries, scholars, judges, and lawmakers have argued over the role of the judiciary in striking down laws created by a democratically elected legislature. This problem has come to be known as the “Countermajoritarian Difficulty.” The famous Carolene Products footnote offers one widely accepted answer to the Countermajoritarian Difficulty. It stipulates that the judiciary should only invalidate laws that violate fundamental rights specified in the Constitution, disadvantage discrete or insular minorities, or undermine the political process. This approach promised judicial deference and allowed the legislature to create economic regulations. Debates on this subject typically involve federal courts. However, the Supreme …

A Tale Of Transformation: The Non-Delegation Doctrine And Judicial Deference, Ilaria Di Gioia

University of Baltimore Law Review

No abstract provided.

The Pledge Of Allegiance And Compelled Speech Revisited: Requiring Parental Consent, Caroline Mala Corbin

Articles

Since the Supreme Court decided West Virginia State Board of Education v. Barnette in 1943, free speech law has been clear: public schools may not force students to recite the Pledge of Allegiance. Nevertheless, in two states -Texas and Florida- students may decline to participate only with parental permission. The Eleventh Circuit Court of Appeals upheld the law on the grounds that the parental requirement furthered parents' substantive due process right to control the upbringing of their children.

The Eleventh Circuit decision is flawed both in its understanding of the First Amendment right to be free of compelled speech and …

What Property Does, Christopher Serkin

Vanderbilt Law Review

For centuries, scholars have wrestled with seemingly intractable problems about the nature of property. This Article offers a different approach. Instead of asking what property is, it asks what property does. And it argues that property protects people’s reliance on resources by moderating the pace of change. Modern scholarly accounts emphasize voluntary transactions as the source and purpose of reliance in property. Such “transactional reliance” implies strong, stable, and enduring rights. This Article argues that property law also reflects a very different source of reliance on resources, one that rises and falls simply with the passage of time. This new …

Recent Advances In Imaging Of Acute Ischemic Stroke, Amr Kandeel, Mahitab Ghonim, Ashraf Shoma

Mansoura Medical Journal

The need for early accurate diagnosis of AIS has motivated the development of new advanced imaging techniques for the early diagnosis of the condition and the selection of patients who might present outside the window for systemic thrombolytic therapy. During the last decade, the state of art imaging techniques has developed for the imaging of patients with hyperacute stroke including both angiographic and perfusion imaging. The imaging modalities, which are in widespread use in primary stroke imaging include; computed tomography and magnetic resonance imaging. Imaging can be categorized into structural imaging, vascular imaging and perfusion imaging. Important signs of early …

Nourishing The Extra-Ordinary Minister, Amante Pulido

LMU Theses and Dissertations

The lay minister of the Eucharist often is a generous volunteer of his or her time, and who is gladly accepted and commissioned by the parish. But the call to ministry comes from two main sources: a “call” from an interior desire to serve sometimes in any capacity but mostly to serve specifically in a particular ministry like the Extraordinary Minister of the Eucharist; another is a “call” from the pulpit when ministries launch appeals for membership among the laity for the different ministries that are wanting of membership, mainly for volunteers. After signing up there would then be the …

Sex Addiction: A Literary And Yogic Perspective, Adrienne Hope Hite

LMU Theses and Dissertations

First offering insight into the disease of sexual addiction overall and what, in fact, does delineate it from sexual promiscuity, this paper will go on to seek ways to mitigate such behavior by exploring not only symptoms, but the existing underlying issues as well through a yogic whole-body perspective. Furthermore, diving deeper into such an application, specifically under the context of the yamas and niyamas and investigating how both might, not only serve as therapeutic tools for sex addicts, but perhaps allow for a healthier approach overall to sex in the modern world.

First offering insight into the disease of …

Lamentations For Liberation: A Theological Analysis Of The Miseducation Of Lauryn Hill, Sophia Gilmour

LMU Theses and Dissertations

While exploring the history of liberation theology themes appearing in Black musician’s work (in Dr. Daniel Smith-Christopher’s class Bible and the Blues), it came to my attention that there are many more contemporary artists whose work also touches on these themes, such as Lauryn Hill. My thesis argues with the help of Black and Womanist scholars that the naming of one’s reality through musical lamentations is a healing act. Further, musical lamentation is an act to carry forth communities and provide them with healing because the act of acknowledging and lamenting the suffering of a marginalized community is liberating in …

Hidden Christians And Non-Churches: Indigenized Christian Practices In Japan, Shayne Naoyuki Yano

LMU Theses and Dissertations

Throughout Christianity's tumultuous history in Japan, there have been several traditions which have stood independent from Western missionary churches. Two such traditions are the Kakure Kirishitan (“Hidden Christians”) and Uchimura Kanzo's Non-Church Movement. Both have interpreted Christianity in ways that make sense within their own historical and cultural contexts. Japan's Hidden Christians were forced by strict persecution to practice their faith in secret, where they developed ways to disguise their practices. Meanwhile, at the dawn of a new era of religious freedom in Japan, Uchimura Kanzo formed a new way to practice Christianity that both integrated Japanese traditions such as …

A Trauma-Informed And Consent-Based Approach To Directing Undergraduate Student Actors: The Development And Execution Of Thea 351: Performance Practicum – The Revolutionists, Amanda Hallman

LMU Theses and Dissertations

No abstract provided.

Soft And Hard Information In Equity Crowdfunding: Network Effects In The Digitalization Of Entrepreneurial Finance, Saul Estrin, Susanna Khavul, Mike Wright

Faculty Research, Scholarly, and Creative Activity

As a digital financial innovation, equity crowdfunding (ECF) allows investors to exploit the complementarity of information provision and network effects in a reduced transaction cost environment. We build on the underlying distinction between soft and hard information and show that ECF platforms create an environment of greater information pooling that benefits from network externalities. We test our hypotheses using a unique proprietary dataset and find that soft information has a greater impact than hard on the likelihood that a financing pitch will be successful. Moreover, the effects of soft information are amplified by the size of the investor network on …

Effects Of Dc Electric Field On Particle Transportation And Deposition In Evaporating Droplets, Akshay Pratap Singh

Theses

Microfluidics(uF) is the science of manipulating and controlling the fluids usually in the range of microliters (10-6L) to picolitres (10-12L). Physical parameters, such as surface tension and contact angle do not play a significant effect on macro scale but play a crucial role at the microscopic level. Microfluidics is viewed as an essential tool for life science research and flexible electronics. A deeper understanding of physical parameters of microfluidics would result in more efficient and lower cost devices (‘Lab-on-a-Chip’ devices) and foldable electronics. In short, the concepts of microfluidics can be used to reduce the cost, size, and ease of …

Air-Deflected Microfluidic Chip For Characterization Of Fluid-Structure Interactions, Chad Ten Pas

Theses

Millions of people suffer from dentinal pain each year caused by a pressure change and fluid shear in the dentin tubule and nerve pulp system. Dentin is made up of mostly hydroxyapatite, a hard and opaque material. In-situ characterization is extremely challenging because of the tubules that run through are high-aspect ratio micropores with a feature size of 1-2 µm. Current studies have proven that various methods can be deployed to fabricate microscale geometry using PDMS. The most used methods are three-dimensional stereolithography, fused deposited material (FDM), 3D printed sacrificial mold, FDM 3D printed molds and soft lithography molding from …

Numerical And Experimental Investigation Of Aerosol Jet Printing, Srikanthan Ramesh

Theses

Bacterial contamination of medical devices remains a threat to the success of many medical interventions. Oral administration of antibiotics is a convenient, non-invasive way to treat infections. Most orally administered drugs, however, encounter biochemical and biological barriers that reduce their bioavailability at the target site. Therefore, prophylactic physico- chemical changes of biomaterial surfaces are considered alternatives to inhibit bacterial aggregation and subsequent biofilm formation. Millions of years of evolution have enabled nature to develop micro-topographical surface features specifically designed to avoid bacterial attachment and colonization. Examples of such topographies can be seen on insect cuticles, plant leaves, and the feet …

Full Issue

Criterion: A Journal of Literary Criticism

No abstract provided.

Beacons: A Viable Solution To The Ever-Evolving Problem Of Corporate Data Breaches, Lauren Fiotakis

Northwestern Journal of Technology and Intellectual Property

In an increasingly virtual world, data breaches continuously plague large corporations. These companies have few options to keep their data out of the hands of persistent hackers, who often discover ways around any safeguards that may be in place. It seems as though any measures companies are currently able to employ merely delay the inevitable breach that will bring with it the potential loss of both customers’ data and their faith in the privacy and security of their information. These attacks can be debilitating to corporations; thus, it seems only fair to provide them the ability to take active measures …

Student Speech Online: A Matter Of Public Concern, Eric Hogrefe

Northwestern Journal of Technology and Intellectual Property

The Supreme Court’s recent decision in Mahanoy Area School District v. B. L. ex rel. Levy partially answered the long-standing question of when schools can police student speech that takes place online. But Mahanoy largely ignored decades of scholarship, and opinions by lower courts, all of which assumed online speech was governed by the Court’s earlier student speech cases—especially the seminal Tinker v. Des Moines Independent Community School District.

This Note argues that Mahanoy and Tinker are consistent with each other, and both are consistent with the Court’s decisions governing another distinctive kind of speech: public employee speech. It …

Fiscal Transformations Due To Ai And Robotization: Where Do Recent Changes In Tax Administrations, Procedures And Legal Systems Lead Us?, Maria Amparo Grau Ruiz

Northwestern Journal of Technology and Intellectual Property

Tax administrations are currently experiencing transformations worldwide. This phenomenon has an impact on traditional tax rules. Increased technological capabilities open the door to review procedural and substantial regulation. The reinforcement of reporting and transparency requirements, and the connectivity between information systems in the public and private sector, will probably have a decisive influence on the evolution of tax law. Chatbots capture relevant data about the legal persons subject to different types of tax obligations. This information may be used to prepare more detailed administrative guidance, or even design future normative reforms. To efficiently protect justice and the rule of law …

Delayed Synergy: Challenging Housing Discrimination In Chicago In The Streets And In The Courts, Leonard S. Rubinowitz, Michelle Shaw

Northwestern Journal of Law & Social Policy

During the Montgomery Bus Boycott, the Montgomery Improvement Association combined a boycott with a successful constitutional challenge to bus segregation laws, producing more progress to desegregate the buses than either strategy could have brought about on its own. The Montgomery Improvement Association’s approach was a paradigm of the synergy between a social movement and social change litigation.

This Article argues for opportunities for synergy between social movements and social change litigation in three ways: 1) extending the time frame; 2) joining the forces of two separate organizations to produce change, unlike the single organization in Montgomery; and 3) creating an …

The Dilemma Of Banned Books: Questioning The Ethics Of Censoring Literature In Schools, Kyle King

Augustana Center for the Study of Ethics Essay Contest

Literature, specifically in the form of novels, has been a vital organ of the public education system within the United States. Not only does reading such works transform us into better close readers and strengthen our vocabulary, but the texts at hand can be very essential to analyze specific contexts or issues that might have existed either throughout history or even in the present day. In today’s country, the issue of banning certain books from school curricula has become as prevalent as ever, where mostly Southern Republican officials are calling for lists of books to be restricted from teaching due …

Advocate, Spring 2022, Office Of Development And Alumni Affairs, Usd School Of Law

Advocate

No abstract provided.