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Brief Of Lindsay And Matt Moroun Religious Liberty Clinic As Amicus Curiae In Support Of Appellants, John A. Meiser, Meredith Holland Kessler Dec 2025

Brief Of Lindsay And Matt Moroun Religious Liberty Clinic As Amicus Curiae In Support Of Appellants, John A. Meiser, Meredith Holland Kessler

Court Briefs

Nos. 25-2575, 25-2662
Commonwealth of Pennsylvania v. President United States of America

On Appeal from the U.S. District Court for the Eastern District of Pennsylvania
No. 2:17-cv-04540-WB (Hon. Wendy Bettlestone)

From the Summary of the Argument

The agencies’ promulgation of the Religious and Moral Rules challenged in this case was neither arbitrary nor capricious. Widespread litigation against the agencies’ contraceptive mandate under the Religious Freedom Restoration Act— and multiple trips to the Supreme Court—made clear that the mandate violates the federally protected rights of organizations like the Little Sisters of the Poor. After years of failed efforts to alleviate that …


A Genetic Interaction Between Ded1 And Hat1 In Saccharomyces Cerevisiae Reveals A Role For Hat1p In Cytoplasmic Rna Granule Accumulation, Audrey J. Panko, Aidan Winters, Nicholas R. Rothbard, Angela K. Hilliker Dec 2025

A Genetic Interaction Between Ded1 And Hat1 In Saccharomyces Cerevisiae Reveals A Role For Hat1p In Cytoplasmic Rna Granule Accumulation, Audrey J. Panko, Aidan Winters, Nicholas R. Rothbard, Angela K. Hilliker

Biology Faculty Publications

Ded1p is an essential translation initiation factor that interacts with and is modulated by eIF4F. Ded1p also promotes the assembly and disassembly of stress granules, which contain nontranslating mRNAs and translation initiation factors. As Ded1p affects both mRNA storage and translation initiation, regulation of Ded1p's function may affect whether mRNAs are translated or localized to cytoplasmic RNA granules. To identify regulators of Ded1p in Saccharomyces cerevisiae, we screened for overexpression suppressors of the severe growth defect conferred by high levels of Ded1p. We found that overexpression of HAT1, a lysine acetyltransferase, can suppress the growth defect conferred by …


Women In Santa Eulalia, Guatemala Through The Concepts Of Rootedness, Community, And Migration., Helen Hobson Dec 2025

Women In Santa Eulalia, Guatemala Through The Concepts Of Rootedness, Community, And Migration., Helen Hobson

Maya America: Journal of Essays, Commentary, and Analysis

This essay explores the experiences of Maya Q’anjob’al women in the villages of Santa Eulalia in Huehuetenango, Guatemala. Women from eleven communities participated in group interviews during the four months I spent conducting fieldwork in 2024, thus building upon my findings from 2022 and 2023. Questions focused on their daily lives, their connections to people and places, strategies for generating income, and the impact of migration on their lives and the community. Two broad themes emerged from the interviews. The first relates to their relationships to the land and community, and how this rootedness supports a wholistic (Indigenous) sense of …


Limiting A Liberal Education: Exploring Technology Access And Equity Through Universal Design And Critical Disability Studies, Marisa R. Carlson Dec 2025

Limiting A Liberal Education: Exploring Technology Access And Equity Through Universal Design And Critical Disability Studies, Marisa R. Carlson

Electronic Theses and Dissertations

This quantitative improvement study investigates how classroom technology policies impact equity, access, and alignment with liberal arts values at a small Catholic liberal arts college. The study arose from concerns regarding academic accommodations, where students needed to formally request access to digital tools that were widely available. The focus is on inconsistent and sometimes restrictive technology policies that create barriers for students relying on these resources.

Interpreted through the conceptual frameworks of Universal Design for Learning (UDL) and Critical Disability Studies (CDS), this study was guided by the following research questions:

  1. What expectations do students have regarding access to technology …


Navigating The Digital Divide: A Quantitative Analysis Of The Digital Literacy Skills Of College Students Through The Lens Of Technological Self-Efficacy, Robert M. Spisak Jr Dec 2025

Navigating The Digital Divide: A Quantitative Analysis Of The Digital Literacy Skills Of College Students Through The Lens Of Technological Self-Efficacy, Robert M. Spisak Jr

Electronic Theses and Dissertations

This quantitative dissertation addresses the digital literacy skills gap among college students and their ability to effectively use digital technologies in higher education. While many students arrive with technical skills, gaps exist in their ability to critically assess information, ethically engage with digital content, and apply these competencies across academic and professional contexts. Grounded in the framework of technological self-efficacy, which emphasizes the belief in one’s ability to perform digital tasks, this study examines both the digital literacy skills student bring from high school and their self-perceptions of those skills during college. This study was guided by the following research …


Hoarding And The Hoarded Home: A Phenomenological And Psychoanalytic Study, Brianna Stich Dec 2025

Hoarding And The Hoarded Home: A Phenomenological And Psychoanalytic Study, Brianna Stich

Electronic Theses and Dissertations

While research on hoarding tends to isolate hoarders from the homes they hoard and in which they live, the hoard and the hoarder share a life in the home. This study explores how hoarders live with and live through their hoard at home. It combines psychoanalysis and phenomenology within a unique methodological framework to provide a hermeneutic reading of the psychological significances of the hoarded home. In this study, the contemporary conceptualization of hoarding is historically situated and critiqued from a phenomenological perspective, and the view that hoarding is a single, behaviorally-defined syndrome that is explainable by a cognitive-behavioral model …


Information Revelation In Constant-Sum Games: Elections And Beyond, Navin Kartik, Francesco Squintani, Katrin Tinn Dec 2025

Information Revelation In Constant-Sum Games: Elections And Beyond, Navin Kartik, Francesco Squintani, Katrin Tinn

Cowles Foundation Discussion Papers

We study two-player constant-sum Bayesian games with type-independent payoffs. Under a “completeness” statistical condition, any “identifiable” equilibrium is an ex-post equilibrium. We apply this result to a Downsian election in which office-motivated candidates possess private information about policy consequences. The ex-post property implies a sharp bound on information aggregation: equilibrium voter welfare is at best equal to the efficient use of a single candidate’s information. In canonical specifications, politicians may “anti-pander” (overreact to their information), whereas some degree of pandering would be socially beneficial. We discuss other applications of the ex-post result.


A Conversation With Judge Stephanos Bibas, Stephanos Bibas, Kevin C. Walsh Dec 2025

A Conversation With Judge Stephanos Bibas, Stephanos Bibas, Kevin C. Walsh

Catholic University Law Review

On Friday, March 28th, 2025, the Catholic University Law Review hosted its annual spring symposium: Traditional Judicial Power & Doctrinal Development, which included a conversation between Judge Stephanos Bibas and Professor Kevin C. Walsh. The conversation covered topics such as standing, severability, and preliminary injunctions. This is a transcript of the conversation, and the text appears substantially as it was delivered.


From Disciplinary Silos To Cyber-Transdisciplinary Networks: A Plural Epistemic Model For Agi-Era Knowledge Production, Cristo Leon, James Lipuma Dec 2025

From Disciplinary Silos To Cyber-Transdisciplinary Networks: A Plural Epistemic Model For Agi-Era Knowledge Production, Cristo Leon, James Lipuma

STEM for Success Resources

This article extends a keynote from the 16th IMCIC 2025, offering a framework for academic institutions navigating the epistemic shifts prompted by artificial general intelligence (AGI). It argues that traditional disciplinary (Mode 1), interdisciplinary (Mode 2), and transdisciplinary (Mode 3) approaches are increasingly insufficient to address the complexity and plurality of AGI-era knowledge production. Drawing on critical communication theories—such as the Kuhn–MacIntyre thesis on incommensurability, the Bataille–Lyotard notion of invention, Nicolescu–Ostrom's governance frameworks, and Haraway–Scholz's situated knowledge—the article introduces Mode 4: cyber-transdisciplinarity.1 This mode conceptualizes AGI as an epistemic co-agent, enabling real-time mediation, synthesis, and redistribution of knowledge between human …


The Fight For Civil Rights: Mlk And The Foot Soldiers Of The Movement, Museum Of History And Holocaust Education Dec 2025

The Fight For Civil Rights: Mlk And The Foot Soldiers Of The Movement, Museum Of History And Holocaust Education

Museum of History and Holocaust Education Exhibits

No abstract provided.


Enduring Tension: (En)Countering Antisemitism In Every Age, Museum Of History And Holocaust Education Dec 2025

Enduring Tension: (En)Countering Antisemitism In Every Age, Museum Of History And Holocaust Education

Museum of History and Holocaust Education Exhibits

Image of Jewish Woman during World War II Traveling Exhibition—KSU Addresses the History of Antisemitism Curated by the Museum of History and Holocaust Education, explores the long history of anti-Jewish bias in the United States within an international context. The exhibit asks two critical questions: Must we live with hate? And if we believe that hatred must be combated, what are the best ways to do so? Enduring Tension is generously funded by the Breman Foundation based in Atlanta, Georgia. It is presented by the Kennesaw State University Museum of History and Holocaust Education in partnership with the William Breman …


Service, Citizenship, And Civil Rights, Museum Of History And Holocaust Education Dec 2025

Service, Citizenship, And Civil Rights, Museum Of History And Holocaust Education

Museum of History and Holocaust Education Exhibits

Generously funded by a grant from the Breman Foundation of Atlanta, Service, Citizenship, and Civil Rights is a ten-panel traveling exhibit that traces the history of veterans with a focus on those who have experienced marginalization due to membership in various identity groups. Through connection, communication, shared struggle and common experiences, veterans have found ways to push for civil rights and recognition within the military and beyond.


Refuge Or Refusal: Turning Points In U.S. Immigration History, Museum Of History And Holocaust Education Dec 2025

Refuge Or Refusal: Turning Points In U.S. Immigration History, Museum Of History And Holocaust Education

Museum of History and Holocaust Education Exhibits

Five key moments emerge as turning points in U.S. immigration policy: 1790, 1882, 1924, 1948, and 1965. This exhibit explores the impact of these turning points and the factors that influenced them, from global conflicts and economic conditions to cultural trends and social aspirations.


Rules Of Decision, Judicial Power, And The Valid Rule Requirement, John Harrison Dec 2025

Rules Of Decision, Judicial Power, And The Valid Rule Requirement, John Harrison

Catholic University Law Review

Some current Supreme Court debates that concern seemingly specialized issues raise fundamental questions about the role of the Constitution in the legal system and the role of the courts when they decide constitutional issues. In recent years, Justice Thomas has suggested that the doctrines of First Amendment overbreadth, so-called third-party standing in cases involving constitutional liberty, and statutory inseverability call on federal courts to exceed their role under Article III. Justice Thomas maintains that when courts apply those doctrines, the courts decide cases not before them. Building on the work of Professor Henry Monaghan, this article argues that those concerns …


Cover Dec 2025

Cover

Catholic University Law Review

No abstract provided.


Splitting The Statute: Severability As A Canon Of Construction Or Constitutional Concern?, Amy L. Moore Dec 2025

Splitting The Statute: Severability As A Canon Of Construction Or Constitutional Concern?, Amy L. Moore

Catholic University Law Review

Severability doctrine stands at the crossroads of statutory interpretation and constitutional structure. This Article traces how the Supreme Court has struggled to define whether severability is merely an interpretive presumption designed to preserve as much of Congress’ work as possible, or a constitutional limit on judicial power that forbids courts from reconstructing statutes Congress never enacted. Beginning with Marbury v. Madison and running through cases like Alaska Airlines, Booker, Ayotte, Seila Law, and Loper Bright, this Article charts the Court’s shifting rationales from legislative intent and functional operability to structural separation-of-powers concerns. It distinguishes between …


Facial Challenges, Remedies, And The Judicial Power, Natalie R. Schmidt Dec 2025

Facial Challenges, Remedies, And The Judicial Power, Natalie R. Schmidt

Catholic University Law Review

The Supreme Court has long maligned facial, as opposed to as-applied, challenges to the constitutionality of statutes, warning that they are disfavored and difficult to win. But recently, in his separate opinion in Moody v. NetChoice, LLC, Justice Thomas has launched a stronger attack: facial challenges are improper exercises of the judicial power. Facial challenges, he asserted, require courts to go beyond the case or controversy before them, improperly distort standing doctrine, and thus violate Article III of the U.S. Constitution.

This Symposium Piece addresses Justice Thomas’s charge head on, arguing that facial challenges do not implicate the judicial …


Rethinking Judicial Power & Remedial Restraint, Caprice L. Roberts Dec 2025

Rethinking Judicial Power & Remedial Restraint, Caprice L. Roberts

Catholic University Law Review

This Article maintains that groundbreaking Supreme Court cases reshaping judicial power and restraint are frequently remedies centric. The much- anticipated ruling in Trump v. CASA illustrates this correlation. Interpreting traditional equity, the Supreme Court circumscribed federal judicial power to issue universal relief. The Court relied on Marbury v. Madison to bolster its reasoning on the limits of judicial power. Ironically, both cases denied any remedy while enhancing the potential for future judicial power. Whether via judicial review and supremacy power or the Court’s future ability to now be the only federal court able to issue universal remedies—the Court’s role in …


Disregarding Severability, Kevin C. Walsh Dec 2025

Disregarding Severability, Kevin C. Walsh

Catholic University Law Review

The infirmities of severability doctrine have elicited increased attention at the Supreme Court. In his application of severability doctrine for a five-Justice majority in United States v. Arthrex, Inc., Chief Justice Roberts began to reformulate the doctrine in a way that can free the Court from the misleading mental imagery conjured by the conception of courts as “severing” provisions from a statute. Roberts's reformulation more properly depicts the relevant judicial activity to be judicial disregard of statutory rules to avoid unconstitutional applications of law rather than judicial severance of textual provisions to fix a problem that inheres in the …


Usa V. Steven Pennycooke Dec 2025

Usa V. Steven Pennycooke

2025 Decisions

USDC for the Eastern District of Pennsylvania


Artificial Intelligence And Consumer Trust, Privacy, And Protection On Digital Platforms, Alheri Gajere Adams Dec 2025

Artificial Intelligence And Consumer Trust, Privacy, And Protection On Digital Platforms, Alheri Gajere Adams

Walden Dissertations and Doctoral Studies

Academic scholars have researched the impact of artificial intelligence (AI) on privacy, trust, and data governance; however, substantial gaps remain—particularly regarding how AI influences consumer trust and privacy among Texas consumers subscribed to digital platforms. The purpose of this generic qualitative study was to explore how Texas consumers experience and perceive online platforms for personal and private use regarding online data privacy and trust, underscoring the gap in prior research on how state-level consumer protection laws, such as the Texas Deceptive Trade Practices Act (DTPA), address concerns relative to data trust, privacy, and digital protection. The conceptual framework that guided …


Table Of Contents Dec 2025

Table Of Contents

Mercer Law Review

No abstract provided.


State Constitutional Law: Developments In Georgia Election Law, Bryan P. Tyson, Bryan F. Jacoutot, Diane F. Laross Dec 2025

State Constitutional Law: Developments In Georgia Election Law, Bryan P. Tyson, Bryan F. Jacoutot, Diane F. Laross

Mercer Law Review

Since the 2018 election, the election process in Georgia has been subjected to intense scrutiny both on the campaign trail and in the courtroom through a variety of lawsuits. Cases in superior courts and the Supreme Court of Georgia have challenged everything from candidate eligibility to election outcomes to the voting machines used in elections. While much of the highest-profile litigation has been in federal court, state law regarding election administration and post-election contests has developed in significant ways during that time period. This Article reviews some of the most significant cases involving Georgia election law that have made their …


Does Georgia’S Code Have The Force Of Law? Early Codification Practices And Constitutional Questions, Jake Shatzer Dec 2025

Does Georgia’S Code Have The Force Of Law? Early Codification Practices And Constitutional Questions, Jake Shatzer

Mercer Law Review

In 1858, Georgia’s General Assembly commissioned the state’s first official code. The legislature appointed three men to assemble a lengthy volume that included all the legislative acts that were in force at the time. Besides statutes, the General Assembly also tasked the codifiers with codifying legal principles of the English common law, Georgia Supreme Court decisions, and English statutes that were still in force. As a result, the codifiers inserted hundreds of provisions into the code that they wrote in an attempt to distill these legal principles into statutory form. When the codifiers’ work was done, the General Assembly adopted …


Local Government, Jacob Stalvey O’Neal, Russell A. Britt, Dana A. King, Jennifer Dorminey Herzog, Nicholas A. Kinsley, M. Blake Walker Dec 2025

Local Government, Jacob Stalvey O’Neal, Russell A. Britt, Dana A. King, Jennifer Dorminey Herzog, Nicholas A. Kinsley, M. Blake Walker

Mercer Law Review

Last year’s survey showed that the appellate courts in Georgia were reluctant to rule that a public official had violated a ministerial duty and thus were willing to hold that public officials were entitled to official immunity. This year, however, at least one case showed a swing in the other direction, with the Court of Appeals of Georgia holding that official immunity can be overcome, despite the existence of some discretionary language in a policy.


Zoning And Land Use Law, Newton M. Galloway, Steven L. Jones, Joshua Williams Dec 2025

Zoning And Land Use Law, Newton M. Galloway, Steven L. Jones, Joshua Williams

Mercer Law Review

This year’s Georgia Survey on zoning law analyzes new developments in case law and legislation over the Survey period. It analyzes the impact and aftermath of the Supreme Court of Georgia’s opinion in State v. SASS Group, LLC. SASS Group was the first case arising under the 2020 amendment to the Georgia Constitution of 1983, which permitted a limited waiver of the state’s sovereign immunity for declaratory judgment claims alleging that an action of a government official was unconstitutional. Though SASS Group did not factually involve a zoning decision, its holding impacted how and against whom an appeal of a …


Beyond Gary V. State: Paragraph Xiii And The Future Of Georgia’S Exclusionary Rule, Joshua R. Wright Dec 2025

Beyond Gary V. State: Paragraph Xiii And The Future Of Georgia’S Exclusionary Rule, Joshua R. Wright

Mercer Law Review

While lawyers across Georgia routinely file motions to suppress evidence in the state’s superior courts, many may never stop to consider what actually affords their clients that right. Practitioners preparing these motions quickly discover one of the most significant recent developments in modern Georgia criminal law: the debate over the scope of a criminal defendant’s constitutional protection against unreasonable searches and seizures and, more importantly, when courts must suppress evidence obtained in violation of those rights. Will the Georgia Supreme Court overturn Gary v. State in full and adopt a good-faith exception? If so, can criminal defense attorneys look to …


Still A Deal With The Devil? Mary Carter Agreements And The Integrity Of Civil Jury Trials, Lane Hammond Dec 2025

Still A Deal With The Devil? Mary Carter Agreements And The Integrity Of Civil Jury Trials, Lane Hammond

Mercer Law Review

This Comment examines how jurisdictions treat Mary Carter agreements today and why Georgia should prohibit them entirely. It explores a case currently on appeal before the Court of Appeals of Georgia that raises the issue, draws parallels to prohibited trial tactics under the Bruton Doctrine, and explains why limiting instructions fail to cure the prejudice these agreements create. It raises questions about whether Mary Carter agreements even present a justiciable controversy. It also considers the tension between the competing values at stake: promoting settlements and judicial efficiency on one side, versus safeguarding fairness and the integrity of litigation on the …


Saints, Sinners, And Standard Agreements: Rethinking Morality Clauses In Georgia, Margaret Shehane Dec 2025

Saints, Sinners, And Standard Agreements: Rethinking Morality Clauses In Georgia, Margaret Shehane

Mercer Law Review

This Comment situates morality clauses within Georgia’s broader contract and employment law framework, while also drawing lessons from New York and California. Part I traces the history and function of morality clauses, distinguishing between express and implied provisions, as well as reputational and conduct-based triggers. Part II examines how New York and California have approached morality clauses, emphasizing their reliance on public policy to limit enforceability. Part III turns to Georgia, analyzing how morality provisions are interpreted in light of at-will employment, identifying common drafting pitfalls, and offering practical guidance for attorneys. Part IV looks ahead, considering how Georgia law …


From Classroom To Courtroom: Vicarious Liability In Clinical Education, Grace M. Owens Dec 2025

From Classroom To Courtroom: Vicarious Liability In Clinical Education, Grace M. Owens

Mercer Law Review

Vicarious liability has progressively extended its reach into the healthcare field. The advancement of clinical education and increased presence of medical students in the healthcare setting raises the question of who bears the legal responsibility for a student’s wrongful acts or omissions during the provision of medical care. In an attempt to conform to traditional tort ideals, should a medical student be solely responsible for their own actions? Conversely, should the medical institution or supervising physician pay the price of a student’s mistakes? Statham v. Quang demonstrates this tension and represents the Supreme Court of Georgia’s attempt to strike a …