Digital Commons Network^™

Harnessing Your Superpower As A Lawyer, Rebecca Frank Dallet

Marquette Law Review

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Reclaiming The Constitution: "For There Is Always Light, If Only We're Brave Enough To See It", Palma Joy Strand, Gregory J. O'Meara S.J.

Marquette Law Review

As citizens—and as lawyers—we are schooled to view the U.S. Constitution as what—indeed—“constitutes” us as a nation and as a people. As lawyers— and as citizens—we are also schooled to understand that the Constitution is law and that its meaning is to be ascertained through the process of law and by lawyers and judges. This Article builds on a popular constitutionalism frame to describe the profound limitations of restricting constitutional meaning-making to a legal enterprise performed primarily by judges—especially in regard to positive rights written into the Constitution but under-protected in constitutional law. In addition, litigation’s either–or mindset has come …

The First Amendment Right To Privacy, Alex Chemerinsky

Marquette Law Review

The First Amendment is often considered to be in tension with privacy. This

Article is about the contexts in which it is not.

Although freedom of speech can pose challenges for privacy governance,

privacy is a core First Amendment value. Many important First Amendment decisions were motivated more by intuitions about privacy than any other interest. For each primary First Amendment liberty—the rights to speak, listen, associate, and practice religion—the Supreme Court has recognized not only a

substantive liberty but also the right to exercise it privately.

But although expressive privacy is an important First Amendment value, it

remains underrecognized, …

Re-Evaluating Deshany In An Era Of Gun Violence And Government Inaction, Bonnie Carlson

Marquette Law Review

In DeShaney v. Winnebago County Department of Social Services, the Supreme Court held that the State has no constitutional duty to protect individuals from violence committed by private third parties. An exception to this rule exists when the State has a special relationship to the plaintiff immediately preceding the harm. The DeShaney Court sharply proscribed the scope of the special relationship exception, holding that it only applies when the State has a plaintiff in custody. This effectively closes the door on relief for the vast majority of 42 U.S.C. § 1983 plaintiffs.

This Article proposes a new special relationship test …

Back To The Fourth Amendment, Shea Daley Burdette

Marquette Law Review

Does the Fourth Amendment protect against governmental seizures of an individual’s digital property? The answer depends on whether government action constitutes a meaningful interference with digital property. Back to the Fourth Amendment considers the Founders’ intentional choice to use two separate words, search and seizure, to protect against governmental overreach. The Article advances an approach to the seizure analysis that protects against governmental seizures of digital property—by encouraging the Court to look at whether the government access meaningfully interfered with an owner’s right

to exclude, historically recognized as a possessory interest.

The Fourth Amendment was adopted in response to “reviled …

Gerrymandering The Electoral College, Henry S. Noyes

Marquette Law Review

In Rucho v. Common Cause, the Supreme Court held that partisan gerrymandering is a nonjusticiable political question. The Court’s opinion admits that “[e]xcessive partisanship in districting leads to results that reasonably seem unjust.” The injustice is the ability of the majority party to use political gerrymandering to entrench itself as the governing party and to remain so, long after that party falls out of favor.

Although Rucho was an Elections Clause case, it is easily applicable to states’ exercise of their Electors Clause power. Republicans will wield this new, nonjusticiable power (and the concomitant political cover that it provides) …

Arbitrating Justice: The Rise Of Mandatory Clauses, The Evolution Of Case Law, And The Future Of The Consumer Financial Protection Bureau In A Shifting Legal Landscape, Florence Shu-Blankson

Marquette Law Review

Mandatory arbitration clauses have become a common fixture in consumer and employment contracts, requiring individuals to resolve disputes through private arbitration rather than in court. These provisions often preclude class actions and limit appellate rights, raising significant concerns about transparency, fairness, and access to justice. While advocates argue that arbitration offers efficiency and cost savings, critics contend it erodes legal protection and disproportionately favors corporate interests. This Article explores the legal evolution of mandatory arbitration, focusing on key U.S. Supreme Court decisions—including Gilmer v. Interstate/Johnson Lane Corp., AT&T Mobility LLC v. Concepcion, and Epic Systems Corp. v. Lewis—that have progressively …

Standalone Frisks, Elias Neibart, Bobby Levine

Marquette Law Review

We all think we understand Terry v. Ohio. But we don’t. In fact, for decades, we’ve taken the wrong doctrinal lesson from Terry and its progeny.

Even though Terry discussed the constitutional standards surrounding “stop-and-frisks,” many of us have interpreted Terry as only permitting a “stop-and-then-a-frisk”—that is, a police officer is permitted to stop an individual on the suspicion that he is about to engage in criminal activity, and then, and only then, can that officer frisk the individual if he believes the suspect is armed and dangerous. But that’s not right. The Terry Court never said that. And …

Decoding The Path Of Constitutional Exclusion In Wisconsin Digital Evidence Cases, Amelia Boruch

Marquette Law Review

Criminal cases involving novel digital evidence warrants often raise constitutional and suppression issues. As these constitutional issues become harder to resolve, resolution of the suppression issues becomes easier to predict. Where officers obtain warrants to use cutting-edge investigative techniques in the absence of any legal authority, it is unlikely that evidence obtained pursuant to those warrants will be suppressed under the exclusionary rule. Even if the exclusionary rule were “triggered,” the good faith exception would likely apply to preclude suppression. Either way, the outcome is clear: suppression is unlikely.

Confidence in the outcome of these suppression issues has seemingly taken …

A Tunable Environment For Tissue Engineering – Establishing Gelatin And Nanofibers For 3d Cell Culture, Edward James Sloan Iii

Dissertations, Master's Theses and Master's Reports

Traditional 2D cell culture systems provide a controlled environment for studying cellular mechanisms, but they fail to emulate the complex 3D structure and mechanical stimuli present in native tissue. This study aimed to develop a tunable in vitro environment that more closely mimics the extracellular matrix by integrating porcine gelatin hydrogels with electrospun nanofiber scaffolds to support 3D cell growth. Gelatin crosslinked with microbial transglutaminase (mTG) was synthesized and optimized to create a viscous substrate capable of supporting cell movement and growth, while polycaprolactone nanofibers with aligned, mesh, and honeycomb morphologies were fabricated to introduce structural anisotropy similar to connective …

Experiential Spillover In Public Views Of Police And Courts, Emma Henderson, Matthew Mettler, Jeffery J. Mondak, Mark Peffley

Political Science Faculty Publications

Personal experiences with public officials influence how those officials are perceived. We question whether these experiential effects extend to other officials. If people draw on what they know to make inferences about unfamiliar evaluative targets, then interactions with one actor may shape evaluations of other independent actors. Focusing on police and courts, analyses of data from two surveys reveal that personal interactions with public officials produce spillover effects on appraisals of officials in different sectors. The findings indicate that experiential spillover constitutes an underappreciated force in public opinion, one that operates outside the control of the actors being evaluated.

A Semiotic Analysis Of German-American Cultural Suppression In The Lincoln Freie Presse From 1914 To 1918, Elle Ward

Nebraska Anthropologist

This study performs a historical semiotic content analysis of the Lincoln Freie Presse to document the processes of cultural coercion and resultant identity erasure within the German- American press of Nebraska during the critical period of January 1914 to December 1918. The research establishes a semiotic baseline (1914–1916) characterized by high linguistic and content autonomy and then tracks the immediate, stark shifts following the U.S. entry into World War I (the coercion period) and the succeeding mass anti-German hysteria (1917–1918). Quantitative findings convey a rapid and overwhelming visual conquest of the newspaper’s spatio-textual landscape: patriotic symbolism surged from zero to …

Sancocho Leadership: Nurturing Leadership And Vocation Of Latinas, Miriam Méndez

Doctor of Leadership

Latinas are vital to the future of the American Baptist Churches of New Jersey (ABCNJ), but the church has failed to properly nurture and develop their pastoral leadership gifts. They contribute significantly to congregational life, pastoral care, community outreach, and theological imagination. However, their presence in formal pastoral leadership roles remains limited. This dissertation examines the structural, cultural, and theological factors that influence Latina pastoral development. The solution for developing Latina women into pastoral leadership positions in the ABCNJ is the introduction of a contextual, culturally rooted model called Sancocho Leadership. Drawing on practical theology, Latina feminist theology, and leadership …

Leadership In The Law: Perspectives From The Nyc Law Department's Family Court Division, Jennifer Gilroy Ruiz

NYLS Law Review

No abstract provided.

What Can Court-Appointed Neutrals Learn From Dispute Resolution Ethics?, Kristen M. Blankley

NYLS Law Review

No abstract provided.

Court-Appointed Neutrals: A Judicial Perspective

NYLS Law Review

No abstract provided.

False Confessions And Post-Conviction Relief: Integrating Social Science Into C.P.L. Section 440.10(1)(G) Proceedings, Emma K. Brammer

NYLS Law Review

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Abstract: False confessions are a primary cause of wrongful convictions, contributing to almost one-third of all known convictions …

Parenting Without Pay Or Equal Partnership: Improving The Fmla Through Comparative Analysis, Courtney Jean Clavel

South Carolina Journal of International Law and Business

This article seeks to analyze ways to improve the Family and Medical Leave Act by comparing government-protected parental leave in the United States, Australia, Japan, and Norway. Section II will introduce the current fears around America’s birth rate, why women are important to the American workforce, why families often need two parents working, and, finally, how the Family Medical Leave Act has fallen short and a common suggestion for improvement.

Section II will analyze various countries’ national laws that govern parental leave. Each subsection will describe the country’s nationally protected parental leave policy. It will proceed as follows: the United …

A Conductor's Guide To All-State Orchestra: An Overview Of Repertoire And Best Practices, Nicoletta Moss

Theses and Dissertations--Music

For over one-hundred years, all-state orchestras have served as the premier gatherings of high school musicians across the United States. These short-term events offer intensive ensemble experiences that bring together students from diverse musical and social backgrounds. While conductors play a central role in shaping these experiences, research is limited examining the areas of repertoire programming, pedagogical practices, and other logistical considerations associated with all-state orchestra leadership. In this dissertation, I address these gaps and develop a comprehensive resource for current and future all-state conductors. The present study employs a two-study design: 1) a content analysis of repertoire performed between …

Form As Threshold: The Ontology Of Musical Discourse In Preludio, Fugue And Saturnal, Angel Gomez Ramos

Theses and Dissertations--Music

This study analyzes the formal organization and musical discourse of Preludio, Fugue and Saturnal through a relational and process-oriented framework. It defines form as an emergent condition resulting from the interaction of musical parameters rather than as a predetermined structural model. The analysis focuses on the behavior of pitch organization, rhythmic structure, harmonic stratification, and motivic processes.

The compositional system is examined as a network of differential relations in which musical elements acquire identity through contrast and contextual function. Harmonic and temporal stratification are treated as primary structural mechanisms, alongside the use of non-teleological organization. Motivic material is characterized by …

Expanding The Canon: A Pedagogical Anthology Of German-Language Musical Theatre Repertoire For The Soprano Voice, Fairynne R. Rogers

Theses and Dissertations--Music

This dissertation proposes the development of the first pedagogically grounded anthology of German‑language musical theatre repertoire curated specifically for the soprano voice, addressing a significant gap in collegiate vocal performance training. Existing anthologies, particularly the Hal Leonard Singer’s Musical Theatre Anthology series, remain dominated by English‑language works, limiting opportunities for singers to build linguistic proficiency, stylistic versatility, and cross‑cultural engagement. German‑language musical theatre, however, represents a sustained vernacular tradition that “prioritizes narrative immediacy and text-driven musical expression distinct from Anglo-American models,” yet it remains largely absent from pedagogical resources. The project assembles twenty‑five selections originally composed in German and excludes …

The Evolution Of The Whittier State School From Reform To Control, Manuella Zammit

Whittier City & College Historical Research

This paper examines the transformation of the Whittier State School from its founding in 1891 as a Quaker inspired reform institution into a punitive juvenile detention facility under the California Youth Authority. Through analysis of primary sources including The Sentinel student newspaper, The Journal of Delinquency, psychological studies, and modern reports, this study traces how the school's philosophy shifted across three distinct eras. The first era (1890s to 1912) emphasized moral rescue through vocational training, academic instruction, and structured communal life rooted in Quaker ideals of rehabilitation over punishment. The second era (1912 to 1927) witnessed the rise of …

A Christian Perspective, Volume 10, No. 1, Ronald Smith Jr., Arthur Giles, Anthony Tyson, Nicholas Acklin, Greg Hunt, Corky Snyder, Amber Steury

A Christian Perspective

No abstract provided.

Exporting Bankruptcy: China’S Jurisdictional Gambit Under Chapter 15, Jason Jia-Xi Wu, Chentuo Zhu

Emory Bankruptcy Developments Journal

China’s distressed corporate giants are increasingly turning to U.S. bankruptcy courts. Instead of seeking discharge under China’s own bankruptcy system, a growing wave of Chinese megafirms—often state-backed and systemically important—are pursuing cross-border insolvency relief under chapter 15 of the U.S. Bankruptcy Code. This trend raises urgent questions: Why are China’s largest companies reaching across the Pacific to restructure? And how are their filings reshaping entrenched U.S. bankruptcy practices in ways that diverge from other foreign debtors?

At the heart of this phenomenon is a calculated, multi-jurisdictional forum shopping strategy. Chinese debtors typically begin by incorporating a shell …

Working Families V Ontario: Toward A Principle Of Voter Agency, Jamie Cameron

Articles & Book Chapters

In Working Families v. Ontario, the Supreme Court’s interpretation of the right to vote was complicated by the triangulation of s.2(b), s.3, and s.33 of the Charter. After Ontario’s twelve-month spending limits on third-party advertising were invalidated under s.2(b) of the Charter the government of Ontario re-enacted the same limits and added an override provision to pre-empt review under that guarantee. In the s.3 litigation that followed – referred to in this article as Working Families 2 – the Supreme Court held, by 5-4 vote, that the same third-party spending limits violated s.3’s right to vote. This short …

Hope As Affect: Engaging With Crisis And Collapse Through Collaborative Performance Making, Bronte Frances

Theses : Honours

The project is interested in how hope can operate as an affective, embodied force within collaborative performance-making processes. In this specific context it was to see how, where and why the concept of hope was possible in the collaborative making of a new and original full length theatre work that was addressing themes of crisis and collapse. Invoking key theorists – Joanna Macy and Chris Johnstone (2022), Donna Haraway (2016), Kathleen Stewart (2007), Jonathan Lear (2006), and Rebecca Solnit (2016) – the research investigated how hope can be consistently enacted. Centred on investigating hope as affect experienced in the present …

Brian Leftow, Anselm's Argument: Divine Necessity, Chad Mcintosh

Faith and Philosophy: Journal of the Society of Christian Philosophers

No abstract provided.

No Ghost In The Machine: Doubting Ai Ensoulment, Bálint Békefi

Faith and Philosophy: Journal of the Society of Christian Philosophers

No abstract provided.

Can Ai Perform Inductive Bible Study? A Case Study And Implications For Applying Ai In Biblical Studies, Shishou Chen

The Journal of Inductive Biblical Studies

This article explores the potential of employing generative AI in biblical studies, focusing on Chat GPT’s strengths and limitations to perform Inductive Bible Study (IBS). Using the Parable of the Sower (Matt 13:3b–9) as a case study, the author evaluates Chat GPT’s ability to carry out core IBS tasks, including division and the identification of Major Structural Relationships (MSRs) in Matthew and in Matthew 13, as well as interpreting Matt 13:3b–9. The study concludes that ChatGPT can serve as a valuable research assistant but cannot replace human scholars. It also proposes a responsible human-AI collaboration model, explores pedagogical applications, and …

The Journal Of Inductive Biblical Studies

The Journal of Inductive Biblical Studies

No abstract provided.