Digital Commons Network^™

Restorative Restitution, Lula A. Hagos

American University Law Review

How to best meet the needs of crime victims while also furthering the imperative of decarceration has long vexed advocates and scholars alike. This dilemma comes into sharp focus when one examines two developments in criminal procedure that, until now, have been analyzed separately: victim restitution and restorative justice.

Criminal restitution, the monetary payments ordered from defendants to victims, often fails both groups. Because most defendants are indigent, restitution obligations lengthen defendants’ involvement with the criminal legal system without delivering meaningful compensation to victims, making restitution more symbolic than restorative. At the same time, interest in restorative justice has surged …

Playing It Safe Or Playing Favorites? Miller Act Bonds And The Cost Of Exclusion Of Women- And Minority Owned Businesses, Fernando Mendoza López

American University Law Review

As federal contracting policy has moved away from race- and gender-conscious contracting initiatives, the need to identify and remove facially neutral requirements that create disparate impacts has assumed heightened significance in shaping access to government contracting law. In construction projects, the federal government has long required contractors to purchase surety bonds under the Miller Act to protect subcontractors and the government in cases of prime contractor default. While that original purpose remains valid today, bonding requirements are widely believed to unnecessarily limit participation by women- and minority-owned businesses.

Federal, state, and local governments have tacitly accepted the claim that bonding …

“Necessary” Jurisdiction: Veterans’ Rights In Article Iii Courts, Dana Montalto

American University Law Review

U.S. veterans should possess the same access to courts as other Americans, but a misreading of a federal law has led many veterans to be denied an opportunity to assert their civil rights in any judicial forum. That law—38 U.S.C. § 511—grants exclusive jurisdiction over certain federal veterans benefits appeals to a specialized Article I court, the Court of Appeals for Veterans Claims. But federal judges and Department of Veterans Affairs leaders have mistakenly interpreted that grant of exclusive jurisdiction to also close the door to Article III courts, leading veterans’ meritorious claims of systemic discrimination and injustice to be …

Ticking Toward Reform: Rethinking The Material Difference Exception In The Luxury Watch Resale Market And Beyond, Mallory K. Hogan

American University Law Review

The rapid growth of the luxury resale market has heightened tension between trademark holders and secondary-market sellers. Courts are increasingly left to apply the material difference exception to first sale doctrine defenses, to find trademark infringement when resold goods differ from the original product, even in de minimis ways. Originally designed to protect consumers from confusion where post-sale modifications affected product quality or safety, the exception has evolved into a broad enforcement tool that luxury brands leverage to challenge resellers over minor or cosmetic alterations. In the luxury watch and accessories markets in particular, courts have deemed even minimal differences …

Antidiscrimination Law Against Labor, Jordan Laris Cohen

American University Law Review

In recent years, employer compliance with antidiscrimination law has emerged as a major justification for limiting the rights of employees to organize and engage in collective action in the workplace. In IBM Corp., a Republican majority of the National Labor Relations Board cited “laws addressing workplace discrimination and sexual harassment” as a primary reason to deny nonunionized employees the right to a coworker representative during investigatory interviews. In General Motors, a Republican Board majority invoked antidiscrimination law in upending four decades of precedent regarding employer discipline of employees engaged in “opprobrious conduct” in the course of protected organizing …

The Leasehold World, Jeffrey Manns

American University Law Review

The ideal of American fee simple property rests on a popular misconception. Many Americans often think of fee simple property in terms of absolute ownership. In reality, however, fee simple title has many similar features of a “public” leasehold in practice, which has significant implications for understanding the relationship of private property “owners” to the state. The American state, at all levels, effectively serves as a landlord over private property “owners,” mirroring the traditional role of the king in feudal England.

The American Revolution is often framed as a sea change in property rights and individual liberty. But efforts to …

Lawbreaking As A Method Of Competition, Sandeep Vaheesan

American University Law Review

Business competition is not a free-for-all in which firms can compete and triumph by hook or crook. Instead, market rivalry is a process structured by laws of general application and sector-specific rules. Certain competitive strategies and tactics are proscribed by statutes, regulations, and common law. Firms may not compete by bombing their rivals’ facilities, bribing the employees of wholesale customers, or making false claims about their own goods.

In a range of industries, however, firms choose to compete by violating laws protecting consumers, workers, businesses, and the public and obtaining an unfair cost or other advantage over their rivals. Examples …

The Lawyer Of The Future: Ethics And Identity In The Age Of Ai, David Yosifon, Michael Santoro, Isaac Nikssarian

American University Law Review

The dawn of artificial intelligence (AI) poses a fundamental challenge to the legal profession’s practical function and social identity. We argue that this challenge should be met as an opportunity to reclaim the profession’s core ethical intentions. We approach the emergence of AI as an occasion to define and safeguard what is irreducibly human in legal work. We ground our approach in the ethical imperatives set out in the American Bar Association’s Model Rules of Professional Conduct, while extending them into an invigorated framework for the AI era.

We survey the uses and ethical challenges associated with cutting-edge deployment of …

Beyond Marriage: Challenging Marital Prerequisites In State Adoption Laws Through A Constitutional And Child-Centered Lens, Alisha Glass

American University Law Review

Many state adoption laws restrict joint adoptions to married couples, thus excluding unmarried partners who share loving and committed relationships with the children they seek to adopt. These marital prerequisites reflect society’s outdated preference for the nuclear family while conflicting with adoption law’s commitment to the best interests of the child. Nonmarital families experience unequal legal protections based on marital status and geographic location. Building on the Kentucky Supreme Court’s decision in G.G. v. Cabinet for Health & Family Services, this Comment examines the limits of resolving these disparities through statutory interpretation and identifies the constitutional questions that remain …

Truth And Consequences: What Catastrophe Teaches Us About Homeownership And Underinsurance, 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 …

Tyranny Of A Feather: Asymmetry In Civil Burdens Of Proof, Thomas O. Main

American University Law Review

Civil litigation suffers from a paradox that is at once self-evident, unfair, and overlooked: the trial process promises equality between plaintiffs and defendants under the preponderance-of-the-evidence standard, even as the pretrial process is skewed dramatically in defendants’ favor. At trial a plaintiff needs only “50% plus a feather” to tip the scales and prevail, reflecting a commitment to equal treatment of the parties. Pretrial, however, the playing field tilts steeply: plaintiffs alone must navigate a procedural gauntlet of motions that impose pleading and production burdens for which defendants face no equivalent. This entrenched asymmetry in pretrial practice has become so …

The Painted Ones’ Fine Line: Batok As A Protectable Form Of Traditional Knowledge Under Trade Secret Jurisprudence, Kathleen M. Dinoso

American University Law Review

For centuries, the ancestral tattooing practice of batok has served not as mere ornamentation but as a visual archive of Indigenous Filipinos’ history and identity. In 2021, a digital creator invited the public to learn batok online for merely fifteen dollars. Soon after, many discovered that the renown instructor, Apo Whang-Od, may not have agreed to take part. The resulting discourse exposed a broader issue: Indigenous customs and creations become increasingly vulnerable to misappropriation and improper commodification as they enter global markets and multimedia platforms. Though this event occurred abroad, it highlights how U.S. law is poorly designed to protect …

The Trademark Bargain: Registration As Disclosure, Dustin Marlan

American University Law Review

This Article highlights the central—and under-theorized—role that disclosure plays within trademark law. By loose analogy, the patent disclosure requirement is a cornerstone of patent law, embodying the “patent bargain” where an inventor must disclose their invention in exchange for a twenty-year monopoly. This quid pro quo is believed to stimulate the progress of science and technology, making patent disclosure the very pulse of the patent regime. However, the fundamental importance of disclosure in trademark law remains underexplored. Like patents, trademark law imposes a rigorous bargain—to obtain the enhanced rights granted by federal registration, trademark owners must first make significant disclosures …

Patenting The Unexpected, Sean B. Seymore

American University Law Review

Unexpected discoveries have transformed human existence. They’ve revolutionized science and spawned entire new fields of research. While unexpected discoveries seem inventive and worthy of patent protection, they don’t formally align with traditional patent theory. The bedrock principle that an invention begins with the conception of an idea in the inventor’s mind and ends with implementation doesn’t apply to unexpected discoveries. This misalignment is most acute for pharmaceuticals, where the discovery of new uses for old drugs has tremendous social and economic importance. Since a drug can inherently treat multiple conditions in a patient—even those unknown to the patient, doctor, or …

Federal Hiring Dysfunction And The Self-Shrinking Skew, Lindsey Barrett

American University Law Review

A half-century of remodeling agency workforces against corporate blueprints has hollowed out the civil service, enervated oversight, and facilitated the rise of tech oligarchy. Progressive commentors have criticized the neoliberal turn and proposed reinvigorating reforms, but they’ve overlooked a foundational obstacle: federal hiring dysfunction. Hiring dysfunction entrenches low-resource, deferential regulatory tactics, makes sharper or more onerous approaches less feasible, and undermines recruitment of technical staff for policy and regulatory functions. Concerns about hiring dysfunction and capacity dampen regulatory ambitions. Finally, hiring dysfunction creates plausible-seeming capacity pretexts to oppose novel or more confrontational tactics. The cumulative effects cement regulatory dismantlement to …

Network-Aware Airline-Specific Flight Delay Prediction Using Tree-Based Ensemble Models, Mary Dufie Afrane

College of Graduate Studies: Theses & Dissertations

Flight delays pose persistent challenges to the efficiency and reliability of air transportation systems, affecting airlines, airports, regulators, and passengers alike. As traffic demand grows and operational environments become increasingly interconnected, accurately predicting both departure and arrival delays has become crucial for effective planning and mitigation. This study presents a network-aware, airline-specific framework for predicting flight delays in U.S. domestic air transportation systems using tree-based ensemble machine learning models. A large-scale dataset of 1.98 million flights, enriched with weather information, is used to develop predictive models for both departure and arrival delays. To capture the structural and operational complexity of …

Untalented: What Is The Role Of “Talent” In Art Class?, Sean Bianchi

College of Graduate Studies: Theses & Dissertations

The concept of talent in art education is widely accepted yet rarely challenged or questioned. This essay critically examines the construction of artistic talent perceptions, the sociohistorical roots of the term itself, and the implications of what talent does for art education. This speculative essay problematizes talent as a persuasive force over art students and art teachers alike, criticizes the accessibility of art to the naïve and art enthusiast alike, as well as the consequences of talent constructs over the future of artistic instruction within public education. Utilizing an aesthetic framework, I explore what the role of talent in art …

Enhancing Military Health System Organizational Efficiency And Quality Of Care Through A Social-Ecological Framework, Eric L. Peipelman

College of Graduate Studies: Theses & Dissertations

Timely and fair adjudication of incivility-related actions within the Department of Defense (DoD) and Military Health System (MHS) is increasingly crucial for maintaining accountability, mission readiness, and quality of care. Ongoing delays in resolving workplace complaints and inefficiencies in resource-heavy adjudications highlight the need to shift from reactive complaint handling toward proactive civility promotion and transparent decision-making. This Integrated Learning Experience (ILE) introduces the Peipelman Civility Discussion and Assessment Toolkit (PCDAT)—a comprehensive, evidence-based framework designed to improve civility, optimize resources, and enhance communication, even in the MHS. Based on the Social-Ecological Model (SEM) and adapted from the Workplace Power and …

Roadway Runoff Impacts To Trout Streams Studies For Ms4 Permit, Jobayed Hossain Badhan

College of Graduate Studies: Theses & Dissertations

Roadway runoff from Georgia Department of Transportation (GDOT) highway infrastructure poses measurable, but temporally constrained threats to cold-water trout ecosystems in northern Georgia. This study investigates temperature and dissolved oxygen (DO) dynamics in three secondary trout streams receiving GDOT roadway discharges, with the primary objective of evaluating compliance with Georgia Rule 391-3-6-.03(6)(ii),(v) under the Municipal Separate Storm Sewer System (MS4) permit framework. Field monitoring was conducted from April 2024 through October 2025 across two consecutive summer seasons using a tiered, multi-instrument approach: YSI ProDSS handheld grab sampling provided regulatory-grade reference measurements; HOBO MX-801 optical DO dataloggers recorded continuous 5-minute-interval temperature …

Investigation Of Dirac‑Like Cones Induced Topologically Protected Wave Propagation (Tpwp) In Solid-Fluid Acoustic Metamaterials: A Combined Numerical And Experimental Study, Humza Khan

College of Graduate Studies: Theses & Dissertations

Topologically protected wave propagation (TPWP) is a unique phenomenon in acoustic metamaterial, where tailored geometries and material properties enable controlled energy absorption and localizations. This study investigates TPWP through the systematic variation of unit cell geometry to capture multiple Dirac-like cone interactions within the Brillouin zone. While prior research had emphasized solid-solid interactions, the present work extends the framework by incorporating a solid-fluid configuration.

The primary objective of this study is to determine the influence of unit cell volume and material selection on  the formation of Dirac-like cones in the Brillouin zone, as well as on the corresponding bandgap characteristics. …

Dualisme Tujuan Pembebanan Uang Pengganti: Analisis Putusan Angelina Sondakh Di Berbagai Tingkat Peradilan, Valencia Puspa Novandra Ali, Tamsil .

Jurnal Hukum & Pembangunan

Studi ini meneliti perbedaan interpretasi dan penerapan hukuman tambahan berupa restitusi (uang pengganti) dalam kasus korupsi melalui analisis komparatif keputusan Angelina Sondakh di pengadilan tingkat pertama, pengadilan banding, pengadilan kasasi, dan pengadilan peninjauan yudisial. Muncul interpretasi ganda antara memandang restitusi sebagai kompensasi atas kerugian keuangan negara dan sebagai mekanisme untuk menyita keuntungan ilegal. Judex facti menolak penerapan restitusi dengan alasan bahwa tidak terjadi kerugian negara dalam kasus suap dan gratifikasi, sementara judex juris di tingkat kasasi menafsirkan restitusi sebagai instrumen pemulihan aset yang ditujukan untuk keuntungan yang diperoleh secara ilegal. Orientasi konseptual yang bertentangan ini menghasilkan perbedaan signifikan dalam penjatuhan …

“Maybe I’M Not Valued Here”: Organizational Toxins In Student Affairs, William R. Bowey Jr

Journal of Higher Education & Student Affairs

Organizations of student affairs are dynamic entities that are situated to support the learning, growth, development, and wellbeing of students. However, like any organization, they may contain toxins that detract from these goals. This study situates ambiguity and exploitation as organizational toxins faced by individuals in student affairs. The conceptualization of organizational toxins is novel to the student affairs literature, and the findings provide fertile ground for future research and the implementation of strategies to mitigate toxins in student affairs.

Participation, Danielle M. Pillet-Shore

Faculty Publications

What does it take to participate in direct, naturally occurring social interaction? Conversation analytic (CA) studies reveal that “participation”—who participates, when, and how—is dynamic and locally, multimodally achieved by the people involved. Particularly in social situations when people are concurrently accessible to one another’s naked senses (Goffman, 1964), co-participation is enabled and performed through embodied and vocal resources including talk, gaze, facial displays, body orientation/posture, proximity, and gestures (e.g., M. H. Goodwin, 1999; C. Goodwin & M. H. Goodwin, 2005; Pillet-Shore, 2010; Sidnell, 2009). Using a multimodal CA lens, this chapter illuminates how “participation” is achieved in real-time, naturally occurring …

Workshop Outcomes Report: 2nd International Workshop On Seismic Resilience Of Arctic Infrastructure And Social Systems, Majid Ghayoomi, Daniela Morganti

Faculty Publications

The report provides an overview of the second international workshop on Seismic Resilience of Arctic Infrastructure and Social Systems. The report discusses agenda, workshop activities, interdisciplinary working groups, and results. It ends with several strategic questions and investigation plans that were developed as part of the workshop activities.

Examining Marginalized Sexual Identity Development Through Perry’S Scheme Of Cognitive Development, Miranda Bejda

University of Kentucky Doctoral Dissertations

Existing models of LGBTQ+ sexual identity development are critiqued for their linearity and lack of inclusion for diverse experiences and sexual identities. There is a call for a more robust understanding of the cognitive aspect of sexual identity development. The purpose of this dissertation is to further the understanding of how people think about their sexual identity through the developmental process using Perry’s scheme of cognitive development as a framework. Through semi-structured interviews, I analyze the LGBTQ+ sexual identity development process (Stage 1), how Perry’s scheme applies to LGBTQ+ sexual identity development (Stage 2), and propose a Perry-informed model of …

Reviving Southern Divides: Multilevel Explorations Of Gentrification’S Role In School Resegregation In Tallahassee, Florida From 1999 – 2015, Ola U. Kalu

Electronic Theses & Dissertations (2024 - present)

This dissertation examines whether neighborhood gentrification in Tallahassee reshaped Title I elementary schools by improving academic outcomes, changing who enrolled, or both, from 1999 to 2015. Using Bronfenbrenner's Ecological Systems Model as a conceptual scaffold, the study situates schools within their neighborhood and district contexts across three nested analytical levels. A two-wave panel design using 2010 and 2015 school-year observations is linked to a 2000 Census baseline to connect school data with spatially weighted neighborhood change indicators. Mixed-effects multilevel models and fixed-effects robustness checks estimate the associations between neighborhood change indicators and two continuous dependent variables: standardized ELA achievement and …

Specification Of Validated Groundwater Flow And Transport Models For Historical Perfluorinated Compound Dose Reconstruction, Cindy A. Arthur

Electronic Theses & Dissertations (2024 - present)

Per- and polyfluoroalkyl substance (PFAS) contamination in Hoosick Falls, New York, resulted from historical industrial activities, with groundwater transport identified as the primary pathway impacting the municipal wellfield within the Village of Hoosick Falls, whereas atmospheric deposition remains a potential source of private well contamination. This study employed two complementary methodologies to evaluate historical municipal and private well contamination: (i) groundwater flow and transport modeling of PFOA, PFOS, PFHxS, and PFNA within the village, and (ii) Geographic Information Systems (GIS)–based inverse distance weighting (IDW) interpolation of PFOA concentrations in private wells across the broader Town of Hoosick.

Groundwater modeling results …

Cognate Awareness Training For Novice L2 Learners: Orthographic And Phonological Routes To Vocabulary Learning, Jennifer M. Martin

Electronic Theses & Dissertations (2024 - present)

Within the study of cross-linguistic influence, research on cognate facilitation has consistently shown that proficient bilinguals process cognates (e.g., English “sock” and German “Socke”) more efficiently than non-cognates. However, less is known about how novice adult learners may benefit from these similarities during the earliest stages of second language acquisition or how instructional interventions might facilitate this process. This dissertation addressed this gap through experiments with English-speaking adults learning German. A series of experiments examined the effects of cross-linguistic similarity and explicit cognate awareness training on vocabulary acquisition. Experiment 1A found robust similarity effects in written recall and …

Audiovisual Motion Onset Asynchrony As Expectation Violation: Effects On Memory And Liking In Media Contexts, Sijia Song

Electronic Theses & Dissertations (2024 - present)

This research presents the first systematic investigation of motion-onset asynchrony (MOA) as a form of audiovisual temporal incongruency grounded in contemporary spatial audio and extended reality (xR) systems. MOA—the delay between the onset of visual and auditory motion—was manipulated at three levels (0 s, 1.1 s, 3 s) to test its effects on cognitive (memory) and affective (liking) outcomes during short 2D animated video viewing. Guided by inverted-U models of expectation violation, it was hypothesized that moderate MOA would be associated with the highest memory performance and liking ratings and that liking would mediate MOA’s effects on memory. Across two …

Cervical Ligament Systems In Sauropod Dinosaurs: What Support Is There?, Audrey Rose Williams

Masters Theses

"Sauropod dinosaurs, such as Diplodocus, have been the subject of numerous hypotheses about what ligamentous structures could have lifted and supported their long necks. Because the supportive tissues rarely fossilize, palaeontologists rely on osteological correlates on the bone to infer their nature. Options for supportive cervical ligaments in sauropods are mammal-style nuchal ligaments, avian-style interlaminar elastic ligaments, reptilian-style supraspinal ligaments, or some combination thereof. This study tested for the presence of a mammal-style nuchal ligament via histological and micro-computed tomography of posterior cervical hemispinous processes of Apatosaurus and Diplodocus, in addition to examining gross morphological features of the cervical vertebrae …