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Blue Brief 2025-2026, University Of San Diego School Of Law Jan 2026

Blue Brief 2025-2026, University Of San Diego School Of Law

Blue Brief

A USD School of Law faculty review of selected rulings from the most recent Term of the United States Supreme Court.


Eat With Understanding: A Um Student Guide To Food Systems, James Deacon, Cora Johnson, Lucas Dymit, Kaeli Rackham, Elsie Danyo Jan 2026

Eat With Understanding: A Um Student Guide To Food Systems, James Deacon, Cora Johnson, Lucas Dymit, Kaeli Rackham, Elsie Danyo

Undergraduate Theses, Professional Papers, and Capstone Artifacts

The industrialized food system creates environmental harm, reduces food sovereignty, and contributes to growing food insecurity. These problems oftentimes are overlooked in higher education. To address this gap, our project examines how access to sustainable food education and campus-community partnerships can improve well-being and informed decision-making amongst University of Montana students. This collaborative project connects partners within UM Wellness, PEAS Farm, the Missoula Food Bank and Community Center, and the Big Sky Culinary Institute. Our research includes applied learning with these organizations by hosting a variety of speaker series presentations and coordinating a cooking workshop. We collected quantitative and qualitative …


Contracting For Innovation In The Global South: Empirical Evidence From Brazil, Pablo Marcello Baquero Jan 2026

Contracting For Innovation In The Global South: Empirical Evidence From Brazil, Pablo Marcello Baquero

FIU Law Review

As innovation cycles accelerate, companies seeking to remain at the forefront of the knowledge economy increasingly partner with sophisticated firms to co-create innovation. These collaborations involving pervasive uncertainty are structured through hybrid contractual arrangements that combine features of market-based independence with those of the close coordination typical of the firm. To date, contracting for innovation has been examined primarily in the context of the Global North. In the United States, the literature has focused on the governance mechanisms that parties employ to continuously define their obligations and mitigate opportunism amid profound uncertainty. In Europe, scholarship on contractual networks or organizational …


Copyright Protection Or Media Suppression? The Digital Millennium Copyright Act's Impact On News Media And Journalism, Alenis Olivera Jan 2026

Copyright Protection Or Media Suppression? The Digital Millennium Copyright Act's Impact On News Media And Journalism, Alenis Olivera

FIU Law Review

When copyright law collides with press freedom, which one survives the takedown? The Digital Millennium Copyright Act (DMCA) was once hailed as a necessary adaptation to copyright protection issues in the digital age. But now, nearly three decades since its incorporation into the Copyright Act, the DMCA has continued to cast a shadow over the journalism industry. The DMCA’s notice-and-takedown system, originally designed to protect copyright owners by allowing for quick removal of infringing content, has become a mechanism that risks suppressing lawful reporting and undermines the First Amendment’s guarantee of a free press. This Comment will explore how the …


Paper Or Screen: How Do Digital And Traditional Methods Shape Motivation And Reading Outcomes?, Rachel E. H. Bentley Jan 2026

Paper Or Screen: How Do Digital And Traditional Methods Shape Motivation And Reading Outcomes?, Rachel E. H. Bentley

All Electronic Theses and Dissertations

Technological advancements occur with such a high frequency that educators and administrators endeavor to offer as many knowledgeable tools as they can deliver. This sentiment, however, leaves teachers and their pupils asking if this is the right avenue to follow. This literature review investigates the question of whether digital devices and applications are beneficial to student success or cause negative effects on students' learning progress. This review specifically focuses on research that examines K-12 and undergraduate students’ reading comprehension and other ELA fundamentals, as well as students' engagement and motivation, by studying the mode of learning through which instruction was …


Independent Animal Chiropractic Practice: An Evidence-Based Argument For Autonomy Beyond Veterinary Supervision, Montana Adams Jan 2026

Independent Animal Chiropractic Practice: An Evidence-Based Argument For Autonomy Beyond Veterinary Supervision, Montana Adams

Undergraduate Honors Theses

Animal chiropractic is a growing form of conservative care used to improve mobility, reduce pain, and support neuromusculoskeletal function in animals. Despite evidence suggesting it is both effective and low risk, access remains limited due to inconsistent state regulations. Many jurisdictions require chiropractors to obtain veterinary supervision, referral, or licensure, even when they have completed specialized training and certification in animal chiropractic. This paper evaluates the effectiveness and safety of animal chiropractic while analyzing the impact of current regulatory policies. Research indicates that chiropractic care can improve mobility and reduce spinal conditions in animals when performed by trained professionals. However, …


Private Money, Public Risk: Why Florida’S Sb 178 Undermines Equity, Ethics, And Accountability In K–12 Athletics, Delante Clark Jan 2026

Private Money, Public Risk: Why Florida’S Sb 178 Undermines Equity, Ethics, And Accountability In K–12 Athletics, Delante Clark

Graduate Scholarship and Creative Works

This paper critically evaluates Florida Senate Bill 178, which would require the Florida High School Athletic Association to adopt bylaws allowing coaches to use personal funds to support student athletes, once reported and presumed not to be an impermissible benefit. While the bill is framed to help students who lack essential items, it introduces serious structural risks that outweigh its intended benefits. By relying on private contributions within a public educational system, SB 178 threatens equity, transparency, and ethical governance.

The bill encourages uneven financial assistance that varies based on a coach’s personal means and the socioeconomic conditions of individual …


The Attention Safeguard Models: Governing Digital Harm Without Restricting Lawful Speech, Delante Clark Jan 2026

The Attention Safeguard Models: Governing Digital Harm Without Restricting Lawful Speech, Delante Clark

Graduate Scholarship and Creative Works

Digital platforms increasingly govern contemporary social, civic, and psychological life through systems optimized for attention capture, amplification, and monetization. While lawful expression remains protected under the First Amendment, the infrastructural mechanisms that determine how speech circulates have produced a range of attention‑based harms, including cyberbullying, engagement farming, compulsive doom scrolling, emotional dysregulation, and civic polarization. This research paper introduces the Attentional Safeguards Model (ASM), coined and formalized by Delante Clark, as a novel governance framework that mitigates such harms by regulating systems of amplification rather than restricting expression itself. Building on attention economy theory, technological mediation, constitutional free‑speech doctrine, …


Judging What Jurors Know: Expert Testimony After Voir Dire, Chris Cox Jan 2026

Judging What Jurors Know: Expert Testimony After Voir Dire, Chris Cox

Scholarly Works

No abstract provided.


Living Constitutionalism, Originalism, And The Sixteenth Amendment, Donald B. Tobin, Alex Tobin Jan 2026

Living Constitutionalism, Originalism, And The Sixteenth Amendment, Donald B. Tobin, Alex Tobin

Faculty Scholarship

No abstract provided.


Due Process And Press Credentialing, Nicole J. Ligon Jan 2026

Due Process And Press Credentialing, Nicole J. Ligon

Scholarly Works

Government-issued press credentials increasingly determine which journalists may access public officials, attend government events, and report from restricted spaces. Yet the legal frameworks governing these credentials remain underdeveloped, discretionary, and structurally vulnerable to abuse. This Article examines the constitutional dimensions of press credentialing through the lens of procedural due process. It is the first law review article to consider whether press credentials give rise to protected liberty or property interests under the Fifth and Fourteenth Amendments, such that denial or revocation requires due process.

Drawing on analogies to professional licensing regimes and recent litigation involving credentialing disputes, this Article maps …


The Lithic Assemblage From The 700,000 Year-Old Butchery Site Of Kalinga (Luzon Island, Philippines): New Insights Into Technological Variability In The Early Palaeolithic In Island Southeast Asia, Alfred F. Pawlik, Justin Guilbert, Jean-Baptiste Lambard, Gerald Palaya, Jackie Despriee, Xavier Gallet, John De Vos, Andrea Dominique Cosalan, Maria G. Chacon Jan 2026

The Lithic Assemblage From The 700,000 Year-Old Butchery Site Of Kalinga (Luzon Island, Philippines): New Insights Into Technological Variability In The Early Palaeolithic In Island Southeast Asia, Alfred F. Pawlik, Justin Guilbert, Jean-Baptiste Lambard, Gerald Palaya, Jackie Despriee, Xavier Gallet, John De Vos, Andrea Dominique Cosalan, Maria G. Chacon

Archaeology

Despite a long history of archaeological and paleoanthropological research, our understanding of the Early Palaeolithic in Island Southeast Asia remains limited, as only a few sites with clear stratigraphic contexts - Mata Menge (Flores Island), Ngebung 2 (Java Island), Calio and Talepu (Sulawesi Island) - have been documented. This scarcity of well-stratified assemblages has led to a poor characterisation of technological variability and cultural sequences, which mainly rely on surface collections and early typological classifications/facies (e.g., Pacitanian, Cabengian, Cabalwanian, Liwanian, Arubian, etc). These classifications mostly based on a handful of cobble artefacts, have long obscured the technological diversity of early …


2025 Town Of Walpole, New Hampshire Annual Report Of The Town Officials, Departments, Committees, And Walpole Fire District, Walpole Town Representatives Jan 2026

2025 Town Of Walpole, New Hampshire Annual Report Of The Town Officials, Departments, Committees, And Walpole Fire District, Walpole Town Representatives

Walpole, NH Annual Reports

This is an annual report containing vital statistics for a town/city in the state of New Hampshire.


Altered Natural Killer Cell Function In Children With Severe Malaria, Grace Turyasingura, Kagan A. Mellencamp, Ruth Namazzi, Robert Opoka, Chandy C. John, Geoffrey T. Hart Jan 2026

Altered Natural Killer Cell Function In Children With Severe Malaria, Grace Turyasingura, Kagan A. Mellencamp, Ruth Namazzi, Robert Opoka, Chandy C. John, Geoffrey T. Hart

Paediatrics and Child Health, East Africa

Memory-like natural killer (NK) cells with enhanced antibody-dependent cellular cytotoxicity (ADCC) have correlated with protection from uncomplicated malaria in prior studies. However, the role of NK cells in severe malaria (SM) has not been characterized. In Ugandan sites with moderate and low malaria transmission, we evaluated NK cell (CD56bright, CD56dim, CD56neg) phenotype and ADCC function by flow cytometry in children < 5 years of age with SM (n = 21) and control community children (CC, n = 19). Children with SM had similar total NK cell counts to CC. Children with SM had a higher proportion of LILRB1+ NK cells than CC. The level of malaria transmission …


Criminal Data Function Creep, Sarah E. Lageson Jan 2026

Criminal Data Function Creep, Sarah E. Lageson

Journal of Criminal Law and Criminology

Automated, data-driven decision-making can create unfair outcomes and lead to discrimination. This Article considers a relatively ubiquitous part of modern life that is increasingly automated: the criminal background check. This Article, with contributions at the intersection of law and technology, antidiscrimination and consumer protection law, and sociological theory, makes the central claim that criminal record data is characterized by function creep—the unintended use of data for another purpose—which leads to a specific set of harms. This Article makes three central contributions. First, it offers an empirical assessment of contemporary, data-driven background screening using data based on in-depth interviews and systematic …


Rebutting The Presumption: A Constitutional Theory Of Pre-Trial Asset Seizures And Procedural Due Process, Benjamin Y. Rabin Jan 2026

Rebutting The Presumption: A Constitutional Theory Of Pre-Trial Asset Seizures And Procedural Due Process, Benjamin Y. Rabin

Journal of Criminal Law and Criminology

In this Comment, I trace the origins and examine the current state of the doctrine on pre-trial asset seizures, then argue for a new approach grounded in procedural due process and constitutional theory.

The existing frameworks for assessing due process in these cases fall into three categories. The first grants the government broad presumptive validity for pre-trial seizures. The second applies a utilitarian balancing test, following the Supreme Court’s reasoning in Mathews v. Eldridge and Connecticut v. Doehr. The third, illustrated by the recent decision in Culley v. Marshall, relies on comparisons to historical practice.

I argue that …


Coercion, Trauma, And Grief In The Interrogation Room: Documenting And Analyzing Cases Of False Confessions To Murder Of A Family Member, Steven A. Drizin, Richard A. Leo, Hayley M. D. Cleary, Samara Hoose Jan 2026

Coercion, Trauma, And Grief In The Interrogation Room: Documenting And Analyzing Cases Of False Confessions To Murder Of A Family Member, Steven A. Drizin, Richard A. Leo, Hayley M. D. Cleary, Samara Hoose

Journal of Criminal Law and Criminology

This article examines the phenomenon of false confessions in cases in which individuals were falsely accused of murdering close family members. Drawing on a dataset of twenty-two proven false confession cases, we document how grief, trauma, and coercive interrogation practices intersect to produce highly counterintuitive admissions and narratives of guilt. The study situates these cases within the broader literature on police interrogation and false confessions, highlighting situational risk factors such as lengthy custodial interrogation, sleep deprivation, false evidence ploys, and threats and promises, alongside dispositional vulnerabilities such as youth, mental illness, and trauma exposure. Unlike prior aggregated studies of proven …


Eagle Eyes: How The Chicago Police Department’S Video Surveillance Network Is Used To Fight Crime And Its Fourth Amendment Implications, Joseph Mcinerney Jan 2026

Eagle Eyes: How The Chicago Police Department’S Video Surveillance Network Is Used To Fight Crime And Its Fourth Amendment Implications, Joseph Mcinerney

Journal of Criminal Law and Criminology

Chicago, Illinois, is home to over 2.7 million individuals living under the supervision of a vast network of over forty thousand cameras integrated into a network of advanced technology run by the Chicago Office of Emergency Management. With little transparency, the City of Chicago has spent hundreds of millions of dollars in the past two decades rapidly expanding the network throughout the city while incorporating new technologies each year, posing substantial privacy risks for the millions of residents unaware of the ever-present eyes on them. To determine whether the network violates the Fourth Amendment, particularly in the wake of Carpenter …


Police Reform As System Justification, Shawn E. Fields Jan 2026

Police Reform As System Justification, Shawn E. Fields

Journal of Criminal Law and Criminology

System Justification Theory (SJT) provides a useful lens through which to critique recent police reform efforts. SJT posits that members of society tend to justify and maintain existing social and political systems even when those systems disadvantage them, because the predictability of the status quo provides palliative, epistemic, and existential comfort in what otherwise appears to be an unjust and inequitable societal structure. Contrary to “false consciousness” theories, SJT claims that disadvantaged groups may intentionally rationalize what they know to be an unfair status quo, because doing so reduces social anxiety and threat while providing much desired order and meaning …


Finding Aid For The Mississippi Politics Collection (Mum00316) Jan 2026

Finding Aid For The Mississippi Politics Collection (Mum00316)

Archives & Special Collections: Finding Aids (alphabetical)

Artificially created collection on individual Mississippi politicians and the state’s politics in general.


(Trans*)Gressing Discourse: Producing And Disrupting Normativity In Education For Trans* Students With Dis/Abilities, Meagan Meredith Jan 2026

(Trans*)Gressing Discourse: Producing And Disrupting Normativity In Education For Trans* Students With Dis/Abilities, Meagan Meredith

Educational Leadership & Policy Studies Dissertations - Archive

This dissertation investigates how political rhetoric, education policy, and educational community member discourse construct, circulate, and contest meanings about trans*ness and dis/ability in K-12 public schools. In doing so, the study examines how meanings about normativity are discursively produced and disrupted for students living at this specific intersection. Grounded in a trans* methodology, this study performs a critical discourse analysis through a rhizomatic reading of policy texts, political rhetoric, and publicly available stakeholder discourse. This work responds to a gap in the literature that fails to understand the complexities experienced by trans* students with dis/abilities, particularly in hostile school climates. …


Adaptive Synchronization In Digital Twin–Enabled Iot Systems: A Unified Framework For Energy, Fidelity, And Latency Trade-Offs, Uzma Zehra Jan 2026

Adaptive Synchronization In Digital Twin–Enabled Iot Systems: A Unified Framework For Energy, Fidelity, And Latency Trade-Offs, Uzma Zehra

Computer Science and Engineering Theses

Digital twin technology has emerged as a foundational paradigm for enabling real-time monitoring, analysis, and control in Internet of Things (IoT) systems by maintaining virtual representations of physical processes. Its effectiveness, however, critically depends on timely and accurate synchronization between distributed sensing devices and their corresponding digital counterparts. Frequent synchronization improves reconstruction fidelity and system responsiveness but incurs significant communication energy consumption and network latency. In contrast, infrequent synchronization conserves communication resources but can lead to stale or inaccurate digital twin states, particularly in environments with rapidly changing dynamics. These opposing effects give rise to a fundamental trade-off among energy …


Performance Evaluation Of Modified Moisture Barrier For Subgrade Stabilization Of Pavements On Expansive Soils, Md Tamim Shahriar Jan 2026

Performance Evaluation Of Modified Moisture Barrier For Subgrade Stabilization Of Pavements On Expansive Soils, Md Tamim Shahriar

Civil Engineering Theses

Expansive soils inflict an estimated nine to fifteen billion dollars in annual damage to infrastructure across the United States, surpassing the combined losses from earthquakes, floods, hurricanes, and tornadoes (Nelson and Miller, 1997; Jones and Jefferson, 2012). In Texas, eighteen of twenty-five TxDOT districts contend with pavement failure rooted in moisture-driven volume change of subgrade clay, consuming roughly twenty-five percent of the agency's annual budget for maintenance and repair (Sebesta, 2002; Wanyan et al., 2010). Conventional remediation approaches, including soil replacement, chemical stabilization with lime or cement, and prewetting, are either prohibitively expensive, unsuitable for high-sulfate soils, or confined to …


Supporting Sustainable Art Education: How School Structures Influence Creativity, Michelle Schutz Jan 2026

Supporting Sustainable Art Education: How School Structures Influence Creativity, Michelle Schutz

All Electronic Theses and Dissertations

This study examines how structural conditions within schools influence sustainable teaching practices in visual arts education. Specifically, it explores how class schedules, preparation time, and administrative support shape teachers’ ability to implement creativity-centered instruction aligned with the demands of artistic learning. Drawing on a qualitative synthesis of existing research on instructional time, organizational structures, and educational leadership, this study identifies key patterns in how school systems support or constrain meaningful visual arts instruction. Findings indicate that structural factors, rather than individual teacher characteristics, play a central role in shaping instructional quality and sustainability. Limited instructional time, fragmented scheduling models, insufficient …


Pastors In Crisis: A Proactive Prayer Life As A Measure Against Pastoral Burnout, Seth W. Hinrichs Jan 2026

Pastors In Crisis: A Proactive Prayer Life As A Measure Against Pastoral Burnout, Seth W. Hinrichs

All Electronic Theses and Dissertations

This Doctor of Ministry project examines the relationship between a proactive prayer life and pastoral burnout among senior pastors in Converge North Central churches. Addressing the increasing prevalence of burnout in vocational ministry, the study reframes burnout as a fundamentally theological issue rather than merely a psychological or organizational problem. Drawing on the work of Ray Anderson and others, the project argues that burnout reflects a misalignment between a pastor’s lived theology—particularly in identity, calling, and dependence on God—and the realities of ministry practice. The research integrates biblical-theological reflection, a review of contemporary literature, and quantitative field research through a …


Sexual Politics Of The Anglo-American Relationship In 1942: A Case Study Of The United States V. Travis Hammond Court-Martial, Catherine Campbell Jan 2026

Sexual Politics Of The Anglo-American Relationship In 1942: A Case Study Of The United States V. Travis Hammond Court-Martial, Catherine Campbell

Honors Theses

On August 10, 1942, American private, Travis B. Hammond, was on trial for accusations of rape against a 16-year-old British girl, Maureen Thomson. This would mark the first American court martial case tried on British soil. This trial was preceded by the issuing of the United States (Visiting Forces) Act of 1942 (VFA) on August 6, 1942, which granted the United States military exclusive jurisdiction over their soldiers. When the Act was first given to Parliament, it was looked at in disdain as being wholly without precedent and antithetical to the norms within Britain. However, the importance of maintaining a …


Pay Gaps At The Top: How Ceo–Executive Compensation Disparity Affect Firm Performance, Anh Que Diep Jan 2026

Pay Gaps At The Top: How Ceo–Executive Compensation Disparity Affect Firm Performance, Anh Que Diep

Honors Theses

This paper examines the relationship between executive compensation disparity and firm performance using S&P 500 firms. CEO Pay Slice (CPS) is used to measure pay disparity, and firm performance is measured by Tobin’s Q and ROA. The results from fixed effects models show an inverted U-shaped relationship between CPS and firm performance, with performance maximized at approximately a 60% CEO Pay Slice. Further analysis decomposes CPS into fixed and performance-based components. The results show that fixed compensation disparity is positively and consistently associated with firm performance, while performance-based disparity has weaker and less robust effects. Taken together, the findings suggest …


A Critical Discourse Analysis Of Racial Justice In Virginia Higher Education, Abigail Green Jan 2026

A Critical Discourse Analysis Of Racial Justice In Virginia Higher Education, Abigail Green

Honors Theses

This honors thesis examines the extent to which public Virginia higher education institutions engage their institutional histories in leadership rhetoric when responding to the Trump administration’s anti-diversity, equity, and inclusion (DEI) policies. Employing a Critical Discourse Analysis (CDA) following Mullet’s (2018) seven-step framework with an inductive coding approach and grounded in rhetorical history theory, this study analyzes official statements from the Offices of the President and Provost across four case study institutions: the University of Virginia (UVA), George Mason University (GMU), the College of William & Mary (W&M), and Longwood University (LU). Data sources span two time periods: May 2020 …


Borrowing By Committee: An Analysis Of The Link Between Government Type And Sovereign Debt, René Polanco Jan 2026

Borrowing By Committee: An Analysis Of The Link Between Government Type And Sovereign Debt, René Polanco

Honors Theses

Previous literature is divided about the impact of democracy on sovereign debt. In the context of the third wave of autocratization (Lührmann & Lindberg, 2019), this paper uses a new dataset (the Episodes of Regime Transformation) focused on regime transitions to analyze the impact of democracy and regime change on the levels of sovereign debt for a panel of 167 nations between 2008 and 2024. I examine how democracy impacts debt level, borrowing, and debt service and dovetail these results with analogous ones regarding how states of transition impact the same measures. By including this extra wrinkle of government transition, …


How To Evaluate Non-Majority Control: What History And Statutes Tell Us—Part Ii: The Definitional Consensus, J. Travis Laster Jan 2026

How To Evaluate Non-Majority Control: What History And Statutes Tell Us—Part Ii: The Definitional Consensus, J. Travis Laster

Fordham Journal of Corporate & Financial Law

This Article and a companion piece explore the claim that the functional school was novel and anomalous. The companion article examines the approaches that courts have historically taken when evaluating non-majority control (the “Historical Article”). The Historical Article demonstrates that functionalism has been the dominant approach since at least 1912, while the formal school is a recent innovation. Its tenets emerged in 2006 and coalesced in a recognizable framework around 2014. The Historical Article identifies the core claims of the two schools. 

This Article examines statutory definitions of control. It focuses on statutory regimes that use the concept of control …