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Truth And Consequences, Kenneth S. Klein

Faculty Scholarship

The firestorms enveloping Los Angeles in January 2025 made yet more inescapable the reality of the increasingly overwhelming impacts that climate change is having on communities. Many thousands of owner-occupied homes were destroyed. Most homes will have insurance, but many homeowners will be surprised to find themselves underinsured, meaning their insurance proceeds will be materially less than the insurer-reported, incurred cost of rebuilding their destroyed home. The human consequences on these homeowners, each of whom has lost everything in a single week, are a now sadly all too imaginable tragedy in real time.

How underinsurance happened and what could have …

Searches And Seizures Of The Unhoused, Shawn E. Fields

Faculty Scholarship

The United States recorded its largest ever unhoused population in 2024. Acute affordable housing shortages and climate-fueled natural disasters have exacerbated a decades-long unaddressed humanitarian crisis, straining resources in cities and rural areas alike. In response, state and local governments have pivoted to a more punitive approach to houselessness. Draconian "anti-camping" ordinances subject houseless people to fines or arrests while police destroy their property in encampment "sweeps," disconnecting the unhoused from critical social structures. Quality-of-life laws criminalize basic biological functions in public. New York, California, and other states have expanded the reach of involuntary civil commitment procedures, forcibly hospitalizing and …

Expanding The Boundaries Of Scholarship: Flight Instruction And Boyer’S Call For Application, Joseph Scarcella

Journal of Critical Issues in Educational Practice

No abstract provided.

Esg Risk And Agricultural Commodity Integration, Alper Gormus, Yoav Wachsman, Elif Gormus

Finance and Economics

This study investigates how major agricultural commodities interact with diversified U.S. equity funds, sorted by their environmental, social, and governance (ESG) risk exposure. Using daily Morningstar data on 880 U.S. equity mutual funds, we construct portfolios representing high- and low-ESG-risk equities and examine their linkages with prices for eight agricultural commodities. Applying Fourier-augmented Toda–Yamamoto VAR and LM-GARCH models that accommodate both abrupt and gradual structural breaks, we document clear heterogeneity across ESG risk segments. Low-ESG-risk portfolios exhibit minimal price and volatility spillovers from agricultural commodities, whereas high-ESG-risk portfolios display strong and often bidirectional transmissions—particularly for coffee, corn, cotton, livestock, and …

Table Of Contents

Missouri Law Review

No abstract provided.

Build, Baby, Build: Federal Takings For Affordable Homes, Desiree C. Hensley

Missouri Law Review

The private housing market in the U.S. fails to produce sufficient affordable housing for the people who need it. Even middle-income Americans are stretched to buy or rent. If local and state governments cannot respond effectively, may the federal government simply use eminent domain to build affordable homes to correct the nation’s housing market, including the high cost of land? Conventional wisdom is that the Constitution prohibits such federal action. This understanding arises from a brief period during which the federal government built fifty housing projects—approximately 21,000 housing units—in thirty-five cities across the United States during the Great Depression. The …

Unreasonable Accommodations: Staple V. School Board Of Broward County And The Case For The Interactive Process In Title Vii Accommodations, M. Thomas Yang

Missouri Law Review

When Congress enacted the Americans with Disabilities Act (ADA) in 1990, it envisioned a unique dispute resolution mechanism within the statute—the interactive process. Under this process, when an employee requests an accommodation from an employer, the two must “work together to assess whether an employee’s disability can be reasonably accommodated.” Although the term “interactive process” does not appear in the ADA’s text, the Equal Employment Opportunity Commission (EEOC) interpreted Congress’s intent and incorporated the interactive process into its regulations to guide disability accommodations. Strangely though, Title VII, which governs religious accommodations, does not include the interactive process in its text …

Emotional Expression For Community Healing: A Study Of Restorative Justice Circle Discussions Addressing Social Harm, Hannah Darnell

FCRH Honors Program Theses

Restorative justice (RJ) programs have increasingly been used to respond to social harm, and at times have been employed as alternatives to some of the United States’ traditional criminal court procedures. Studies suggest that these restorative programs find success in repairing relationships and reintegrating individuals back into their communities, tend to be perceived as positive by participants, and have the potential to reduce recidivism rates. This study explores how and why these restorative justice meetings work through an examination of the presence and evolution of participant emotional expression, as well as the role that outward communication of emotion has in …

The Manifestation Of Antihaitianismo In Abinader’S Dominican Political Atmosphere, Isabella Alcantara

FCRH Honors Program Theses

In the past decade, Haitian migration has become central to Dominican political discourse. This shift is particularly evident under President Luis Abinader’s administration, which has overseen a sharp increase in restrictive border enforcement and citizenship measures targeting Haitian migrants fleeing escalating humanitarian crises. While existing scholarship on Dominican nationalism highlights the historical role of antihaitianismo in shaping exclusionary state practices, less attention has been paid to how contemporary elite rhetoric reproduces these dynamics in more indirect, coded ways. Drawing on theories of symbolic politics and securitization, this study examines how state discourse constructs Haitian migrants within national narratives. It asks: …

The Role Of Δ-Containing Gabaa Receptors In Modulating Experimental Kainic Acid-Induced Seizures In Adult Mice, Julia Gudis

FCRH Honors Program Theses

Epilepsy, a neurological disorder characterized by recurrent seizures, is often driven by hyperexcitable neural circuits that result from an imbalance between excitatory and inhibitory signaling. Gamma-aminobutyric acid (GABA) is the primary inhibitory neurotransmitter in the central nervous system and is essential for maintaining neuronal excitability. One mechanism through which GABA exerts inhibitory control is via δ-subunit–containing γ-aminobutyric acid type A receptors (δ-GABAARs), which mediate tonic inhibition by providing steady background suppression of neuronal activity. δ-GABAARs are particularly enriched in the DG, where they help regulate the excitability of granule neurons and preserve the DG’s gating function. This project will test …

Fighting To Teach, Struggling To Stay: Prevalent Challenges Within Mississippi's K-12 Public Education System And Recommendations For Solving The Most Acute Issue, Faith Hall

Florida A & M University Law Review

No abstract provided.

Beyond The Classroom: Publics Schools As An Essential To Economic And Legal Reform, Oliver Telusma

Florida A & M University Law Review

No abstract provided.

Education For Democratic Citizenship: Separating Purpose From Outcomes, Anne Jegede

Florida A & M University Law Review

American education is failing minority and indigent students because it disproportionately prioritizes academic achievement and economic success over creating democratic citizens and cultivating essential skills such as critical thinking, civic engagement, and cultural understanding.

Policing An Education: Legal And Policy Drivers Of The School-To-Prison Pipeline In Florida Public Schools, Ky'eisha W. Black

Florida A & M University Law Review

No abstract provided.

Hydrogeochemical And Redox Controls On Nitrate And Arsenic Co-Occurrence In The Western Kansas High Plains Aquifer (Usa): A Composite Health Risk Assessment And The Case For Risk-Informed Private Well Governance, Jonathan Kuffour Owusu

Master's Theses or Doctor of Nursing Practice

Fifty-one private domestic wells across western Kansas were sampled to quantify nitrate and arsenic occurrence, identify geochemical controls, and evaluate carcinogenic and non-carcinogenic health risks for adult and child receptors in a region where groundwater serves as the primary drinking water source with no routine regulatory oversight. Samples were analyzed for major ions, nutrients, and trace elements by ICP-MS, ion chromatography, and UV-Vis spectrophotometry. Shapiro-Wilk testing confirmed non-normal distributions for both contaminants; inter-county comparisons were therefore conducted using Kruskal-Wallis tests with Dunn's post-hoc correction. Health risk was quantified via chronic daily intake (CDI), hazard quotient (HQ), HQ-based Water Quality Index …

Democratizing Health Data: A Legal Framework For Privacy-Preserving, Government-Led Ai Collaboration, Nicole Nigri

Cybaris®

No abstract provided.

The Evolving Jacd, Toni Roucka

Journal of the American College of Dentists

The Editorial is a feature in each issue of the JACD. It includes commentary on issue content, relevant topics, or other items of interest to the fellowship.

Pillar 2 As A New International Fiscal Law, Jinyan Li

Articles & Book Chapters

This paper argues that Pillar 2 not only creates a global minimum tax on large multinational enterprises, but also manifests a new international fiscal law regime. Through the lens of a new notion of sovereignty –networked fiscal sovereignty, this paper explains Pillar 2’s raison d’être, technical components and future prospect.

Art As Medicine: Exploring The Intersection Of African Cultural Practices And Art Therapy To Examine Its Efficacy In Pain Management And Healing Among Black Women With Lupus, Kandace I. Simmons

Art Therapy | Master's Theses

This thesis examined the intersection of chronic illness and systemic inequities faced by Black women living with lupus. These women often encountered unique challenges in managing their health and well-being, exacerbated by both the physical and sociocultural implications of the disease. Through a Black Feminist/Womanist theoretical lens, this research investigated the potential of art therapy to serve as a transformative instrument for pain management and healing when infused with culturally relevant practices. Employing a narrative approach and qualitative methodology, this study explored the lived experiences of African American women with lupus, incorporating their art and personal stories to inform the …

The Institutions Of Exceptions: Justification In Trade And Investment Treaties, Julian Arato

Michigan Journal of International Law

International economic law binds states in the interest of liberalizing markets, including in cross-border trade in goods and services (trade) and capital (investment). The treaty regimes for both trade and investment do this by disciplining states through legal rules, while preserving a modicum of governmental authority over domestic policy. The preservation of policy space in these regimes usually involves a process of exceptions-based justification – through formal exceptions clauses in most trade treaties and some investment agreements, and also through informal exceptions-style reasoning by adjudicators in the investment treaty regime more generally. This “exceptions paradigm” of justification has worked well …

Escape Probability: Rethinking Wartime Protection Of Nuclear Facilities, Pearle M. Lipinski

Michigan Journal of International Law

The 2022 Russian attacks on the Chernobyl and Zaporizhzhia nuclear facilities in Ukraine shocked the international community. Claims that the attacks constituted war crimes immediately entered the public consciousness, and a flurry of opinions were set forth on the international humanitarian law (“IHL”) protections afforded to nuclear plants, focusing on Article 56 of Additional Protocol I of the Geneva Conventions, which provides special protection to nuclear electrical generating stations. These opinions primarily focused on the immediate applicability and shortcomings of Article 56 on the attacks at hand, often operating on the presumption that a massively consequential environmental and humanitarian disaster …

Shrinking Tax Sovereignty In Canada? Evidence From The Income Tax Act, Jinyan Li, Angelo Nikolakakis

Articles & Book Chapters

This paper explores the questions of whether Canadian tax sovereignty has changed, and if so, how and why through examining the Income Tax Act in terms of the major legislative changes and their underlying influences. It finds that while maintaining formal, independent sovereignty, Canada has always borrowed foreign ideas, rules and policies when they serve Canadian interests and has recently adopted a more coordinated approach in tackling international tax challenges.

A Gap In The Cybertipline: Electronic Service Provider Liability And Child Safety, Brianna Evans-Sheehan

NYLS Law Review

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The online exploitation of children is a widespread problem that requires immediate action. This Note proposes that Congress …

Relativistic And Recoil Corrections To Light-Fermion Vacuum Polarization For Bound Systems Of Spin-0, Spin-1=2, And Spin-1 Particles, Gregory S. Adkins, Ulrich D. Jentschura

Physics Faculty Research & Creative Works

In bound systems whose constituent particles are heavier than the electron, the dominant radiative correction to energy levels is given by light-fermion (electronic) vacuum polarization. In consequence, relativistic and recoil corrections to the one-loop vacuum-polarization correction are phenomenologically relevant. Here, we generalize the treatment, previously accomplished for systems with orbiting muons, to bound systems of constituents with more general spins: spin-0, spin-1=2, and spin-1. We discuss the application of our more general expressions to various systems of interest, including spinless systems (pionium), muonic hydrogen and deuterium, and devote special attention to the excited non-S states of deuteronium, the bound system …

The Innocence Trap, Caitlin Glass, Julian Green

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

What makes a conviction wrongful? Developments in DNA science have led to a wave of exonerations over the past thirty years, revealing sources of error in the criminal legal process. Innocence organizations proliferated to represent people whose convictions could be overturned by newly discovered evidence. This is vital work for the individuals who are released and for the purpose of systemic change. At the same time, a focus on exonerations constructs a relatively narrow conception of wrongful convictions—one that is synonymous with factual innocence.

This Article argues that a broader conception of wrongful convictions may be revealed through co-ideation with …

Regulatory History And Judicial Review, Todd Phillips, Anthony Moffa

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

The Administrative Procedure Act (APA) requires federal agencies to simply “incorporate in the rules adopted a concise general statement of their basis and purpose” after they receive comments from the public, and the Supreme Court ruled in Overton Park that courts are to adjudicate whether rules are arbitrary and capricious based on agencies’ contemporaneous rationales. Judge-created doctrines incentivize agencies to rely on these “concise” statements to elucidate their rationales, and, as a result, rulemaking preambles have ballooned in size as agencies seek to insulate themselves from critical courts.

This Article contends that although the APA’s statutory requirement is in tension …

Fine And Punishment: Remedial Versus Punitive Penalties Under The Eighth Amendment, Jack Swain

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

The Bank Secrecy Act, enacted in 1970, was intended in part to prevent American taxpayers from hiding funds in secret bank accounts overseas. At the time of the Act's enactment, a former U.S. Attorney for the Southern District of New York named secret foreign accounts as the single largest loophole in American tax law. This problem persists today. Over the last two decades, several of the largest banks in Switzerland have paid billions in fines after admitting to helping American clients hide billions in taxable assets.

Obtaining a bank account in a foreign jurisdiction like Switzerland is a luxury that …

The "Miscarriage Of Justice" Exception To Appeal Waiver Enforcement: Debunking And Demystifying The Circuit Split, Bex Warner

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

Ninety-seven percent of all federal criminal convictions come from a plea agreement, and two-thirds of federal plea agreements contain an appeal waiver. The Supreme Court has held that appeal waivers can be enforced, but not under what circumstances. What happens if a criminal defendant waives their right to appeal and then is sentenced to time incarcerated that is higher than the statutory maximum? Or what happens when a defendant claims counsel was ineffective in giving them advice about entering into the plea agreement? Or when a criminal defendant claims the judge gave them a higher sentence because they are Black? …

Presidential Control Of The Civil Service, Nicholas Bednar

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

Conventional wisdom treats the federal civil service as largely beyond the President’s reach. This Article challenges that assumption. Legal scholars too often focus on constitutional powers rather than statutory authority. Yet the President has possessed statutory authority to regulate entrance into the civil service and the conduct of federal employees since before the passage of the Pendleton Act. Through detailed case studies spanning recruitment, conduct, unionization, and removal, this Article demonstrates how Presidents routinely alter the structure of the civil service. The analysis shows how Presidents can use this statutory authority to strengthen administrative capacity when used in good faith …

Flexible Work, Rigid Discrimination, Natalia Ramírez Lee

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

Legal scholars optimistically predicted that the adoption of remote work would provide historically excluded workers upward mobility through an opportunity to join the workforce or access better jobs. Remote work is now widespread and the empirical data on it demonstrates that, in practice, remote work arrangements are subject to the same workplace norms and biases that disadvantage marginalized groups on-site, risking exacerbating instead of remediating inequalities. Specifically, the data suggests that, in some instances, employers are deploying remote work unequally, denying remote work to workers of color who particularly benefit from flexibility.

This Article explains how the legal system is …