Digital Commons Network^™

The Equal Pay Act’S Hidden Loophole: Eliminating Prior Compensation As A “Factor Other Than Sex”, Madeleine Bol

Fordham Law Review

The Equal Pay Act of 1963 (EPA or the “Act”) prohibits employers from engaging in sex-based wage discrimination. The Act includes four exceptions that allow an employer to circumvent liability, the last of which allows for pay disparities when the “differential [is] based on any other factor other than sex.” The language of this exceedingly broad exception raises questions among courts on what “other than sex” entails—specifically, whether a court can rely on an employee’s prior compensation to justify a pay disparity between employees of the opposite sex. This Note examines how federal circuit courts have interpreted this catchall exception. …

Settling On A Standard: Reviewing The Right To Self-Representation, Lauren Lipson

Fordham Law Review

Courts appoint counsel for indigent criminal defendants who cannot afford legal representation to uphold their Sixth Amendment rights. In its seminal waiver case, Faretta v. California, the U.S. Supreme Court elevated the corollary right—the right to self-representation—to constitutional status. In dicta, the Court created a standard by which defendants must waive their right to counsel “knowingly and intelligently” to proceed pro se. The Court subsequently sculpted the right to self-representation as it came to standby counsel and mental competency, but it never prescribed a precise waiver colloquy for district court judges to administer, causing the Faretta colloquy to look …

Federal Courts, Class Actions, And The Jurisdictional Void, Courtney T. Welch

Fordham Law Review

To invoke the jurisdiction of a federal court, a plaintiff must satisfy the requirements of Article III. Among other things, Article III requires a plaintiff to have and maintain personal stake throughout the lifespan of the litigation. Though a simple premise, this constitutional requirement has a complicated history. This is especially true as applied to class action lawsuits, where plaintiffs bring claims both on behalf of themselves and other harmed individuals.

The U.S. Supreme Court has applied flexible rules to some—but not all—of Article III’s requirements in class actions. The breadth of this flexibility, though, is uncertain. Accordingly, so too …

Penambahan Jumlah Kementerian Negara: Analisis Terhadap Efektivitas Dan Efisiensi Pemerintahan, Bayu Saputro, Alfi Syahri Lubis, Renaldy Wijaksana Wibowo, M. Fariz Al-Qindi

Jurnal Hukum & Pembangunan

The revision of Law 39/2008 on State Ministries, which removes the maximum limit of 34 ministries, has become a polemic issue in society. Analysis shows that increasing the number of ministries is not urgent and runs counter to the spirit of bureaucratic reform. This policy also does not improve the effectiveness of government administration, because the main issue affecting the effectiveness of ministries lies in the quality of ministers, not the number of ministries. The addition of ministries has the potential to cause overlapping authorities, regulatory disharmony, and sectoral egos. From an efficiency perspective, this policy places a heavy burden …

Doktrin Penyalahgunaan Hak (Abus Des Droit), Syukron Salam

Jurnal Hukum & Pembangunan

The present article examines the emergence of the doctrine of abus de droit in France in the mid-twentieth century through an analysis of key judicial decisions and the debates that followed them. The study commences with an exposition of the manner in which the evolution of capitalism, concomitant with the escalating economic disparity and the propagation of societal challenges, has influenced the judicial approach to the abstract Roman-law tradition of absolute rights. In light of this, the article contends that the civil-law tradition exhibited a fundamental flaw in its conceptualisation of rights as absolute, thereby overlooking objections that were firmly …

Politik Hukum Kedudukan Wakil Presiden Dalam Badan Pengarah Percepatan Pembangunan Otonomi Khusus Papua, Maleakhi Samuel Pasalli, Yamuna Nurafifah, Pranaldo Gunawan

Jurnal Hukum & Pembangunan

The legal policy regarding the amendment of Law Number 21 of 2001 into Law Number 2 of 2021 concerning Special Autonomy for Papua marks a paradigm shift from asymmetric decentralization towards controlled autonomy or leading to the centralization of power, notably through the establishment of the Steering Committee for Acceleration of Development of Special Autonomy for Papua (BP3OKP), which is chaired directly by the Vice President. This research is motivated by juridical issues wherein the Academic Paper (Naskah Akademik) of the amendment fails to provide scientific justification regarding the urgency of establishing this special body or the involvement of the …

Benzodioxane-Benzamides Targeting Bacterial Cell Division Protein Ftsz Potentially Disrupt Slma-Mediated Nucleoid Occlusion And Reversible Biomolecular Condensation, Marta Sobrinos-Sanguino, Inés Barros-Medina, Lorenzo Suigo, Alessia Lanzini, Ermanno Valoti, William Margolin, Valentina Straniero, Begoña Monterroso, Silvia Zorrilla

Faculty, Staff and Student Publications

New strategies are urgently needed against antimicrobial resistance, a major health threat, and the different mechanisms regulating the bacterial cell division machinery offer multiple opportunities for developing novel therapeutics. FtsZ, an essential protein of this process, is targeted by multiple small molecules, and benzodioxane-benzamides (BDOBs) are among the most potent inhibitors in several bacterial species. BDOBs mechanisms are however poorly understood, particularly their impact on FtsZ's interplay with partners and ability to assemble phase-separated biomolecular condensates potentially involved in stress sensing. We show that certain BDOBs shielded FtsZ against depolymerization induced by the nucleoprotein complexes of SlmA, which inhibit Z-ring …

Representation Of Neuro-Oncology In American Neurology Departments: An Analysis Of Grand Rounds And Perspectives From Faculty And Residents, Elizabeth C Neil, Aubree Bruhnding, Zubair A Ahmed, Priya U Kumthekar, Nicholas A Blondin, Christian Grommes, Chirag B Patel, Sigmund Hsu, Feng Wang, Hongyu Miao, Noah L Rosen, Rashmi B Halker Singh, Mark J Burish, Zachary A Corbin

Faculty, Staff and Student Publications

Background: Neuro-oncology education in American neurology departments is highly variable, with no clear guidelines on appropriate practices. To better understand its current state, we focus on the perspective of departmental Grand Rounds (GR), views of adult neurology residency program directors (ANRPD), neuro-oncologists, and residents.

Methods: First, we obtained GR series from academic years 2017-2018 and 2018-2019 via an online search and direct emails to neurology residency programs. Second, two online surveys were dispensed to ANRPD and neuro-oncologists. Third, a cohort of neurology residents completed surveys with pre/post-didactic tests.

Results: Neuro-oncology consisted of 7% (28/ 411) GR in 2017-2018 and 6% …

Data-Driven Evaluation Of Sustainable Waste-To-Energy Pathways For Intelligent Urban Systems, Izech Brian O. Edwin, King Harold A. Recto

Electronics, Computer, and Communications Engineering Faculty Publications

The handling of municipal solid waste (MSW) in swiftly urbanizing Philippine cities poses intricate energy and governance challenges. In Baguio City, reliance on landfills has reached critical levels due to diminishing capacity, rising transport costs, and opposition to trash transfers by nearby LGUs. Although shaped by unique topographical and governance constraints, Baguio’s situation reflects issues faced by other rapidly growing Philippine cities; therefore, analyzing it offers insights for national MSW decision-making. This study applies a triple bottom line (TBL) framework to assess three management scenarios: (1) Status Quo, where all MSW is landfilled with no energy recovery; (2) Landfill with …

Should The Army Be Involved In Divorce? Re-Examining The Pre-Divorce Defaults For Spousal Support, Artem M. Joukov, Thomas Godfrey

MC Law Review

Army Regulation 608-99 assigns a large portion of a Soldier’s paycheck to the spouse upon marital separation. The assignment occurs without a hearing, discovery, or consideration of critical evidence which might moderate the amount of support. The obligation rests on the Soldier to obtain a court order or spousal agreement to reduce the financial burden. The adversarial nature of modern divorces renders these requirements unrealistic. Amending the regulation would ease the burden of the Soldier, which is desirable in light of the ongoing recruitment crisis and the need to attract recruits and retain those already in the service.

Using Political Privilege To Profit: Insider Trading In The Government And S. 2463'S Alleged Attempt To Stop It, Allison K. Dooling

MC Law Review

Insider trading is generally illegal within the United States. However, members of Congress are notorious for regularly engaging in stock trades based on government information that mirrors insider trading. In 2023, Senators Gillibrand and Hawley proposed a bill, unlike any such proposed before, to put an ultimate ban on government insider trading: the “Ban Stock Trading for Government Officials Act” or S. 2463. On its face, S. 2463 appears to address the criticisms surrounding government insider trading. It not only increases regulation and reporting standards but also bans government officials, their spouses, and their dependents from owning any stock during …

What's Appealing In Mississippi?, Virginia C. Carlton

MC Law Review

No abstract provided.

Mississippi Redistricting And The Voting Rights Act: An Historical Supplement, Leslie H. Southwick

MC Law Review

No abstract provided.

Fifth Circuit And Mississippi Law: Asked And Answered (Or Not), Caroline B. Smith, Emily K. Lindsay, Jim Rosenblatt

MC Law Review

No abstract provided.

Liening On The Court: Examining Loblolly Properties, Llc V. Le Papillon Homeowner's Association, Inc. And The Future Of Lien Priority In Mississippi, Thomas C. Jones

MC Law Review

The Mississippi Supreme Court in Loblolly Properties, LLC v. Le Papillon Homeowner’s Association, Inc. held that the nonjudicial foreclosure of a deed of trust does not extinguish restrictive covenants to pay HOA fees that were filed after the recording of the deed of trust.  In doing so, the Court blatantly disregarded the fundamental understanding of lien priority in Mississippi, and also failed to explain how the policy behind lien priority would further be upheld in the future. This decision by the Supreme Court is incorrect and places Mississippi in a “super-minority” of jurisdictions on this issue.  The overwhelming majority of …

Presenting The Inner Triangle Outer Diamond (Itod) Framework Of Educational Ecosystems And Its Applications To The Integration Of Educational Technologies And Innovations., Joshua Owolabi

PCOM Scholarly Works

Educators are leveraging technologies and innovations, including artificial intelligence (AI), to support learners and deliver quality medical education. Many of these initiatives have reportedly yielded positive impacts. There have also been publications and reports highlighting the success of educational technologies (EdTech) and innovations, as well as their potential to not only enhance the outcomes of educational programs but also define the future of medical education and practice. Proponents of EdTech and innovations argue that the significant introduction of EdTech and innovations into programs can enhance learners' experiences, improve programme outcomes, and prepare learners for a future of work and practice …

Brief Of Edward A. And Doris Zelinsky In The Appellate Division, Third Department, New York Supreme Court, Edward A. Zelinsky, Doris Zelinsky

Amicus Briefs

To combat COVID, New York in 2020 forbade an out-of-state employee like the petitioner to commute into his New York office, forcing him to instead work at his home in Connecticut. New York now takes the remarkable position that it can tax the income Governor Cuomo forced this out-of-state employee to earn at his home exclusively outside New York. That position is as wrong as it sounds.

Both as a matter of New York law and of federal constitutional law under the Due Process and dormant Commerce Clauses, New York may not tax the income the petitioner earned exclusively at …

Community Approaches To Digitally Documenting And Sharing Conjunto Music In The South Texas Borderlands, René Antonio Ballesteros

Theses and Dissertations

This thesis explores the rich tradition of conjunto music within the South Texas borderlands, examining how integrating community engagement and digital humanities methodologies can effectively enhance the documentation, conservation, and presentation of this place-based expressive culture. Recognizing existing archival gaps, the research employed community-engaged programming to gather and preserve valuable cultural data. A key methodology outcome involved creating digital maps utilizing place-based data related to conjunto music sites and activities, subsequently integrating these maps into an ArcGIS Online story map for public online access. The findings demonstrate the significant potential of community collaboration and digital humanities tools in amplifying cultural …

Income Inequality And Self-Reported Health: A Difference-In-Differences Study, Kola Adegoke

Health & Biomedical Sciences Faculty Publications

Background: Health disparities in the United States (US) are closely linked to income inequality. While many studies have reported associations between income and health, causal evidence remains limited.

Objective: To estimate the causal effect of income-equalizing state policies, such as minimum wage increases, Medicaid expansion, and Earned Income Tax Credit (EITC) adjustments, on adult self-rated health using a difference-in-differences (DiD) framework.

Methods: Using the Centers for Disease Control and Prevention (CDC) Behavioral Risk Factor Surveillance System (BRFSS) data from 2018 to 2023, a 2-way fixed-effects DiD model was employed to compare changes in the proportion of adults reporting fair or …

Finally Paying The Players: An Analysis And Recommendation For Ohio’S New Nil Legislation, Michael Berner

University of Dayton Law Review

No abstract provided.

The Shifting Tectonics Of International Collaboration, James J. Casey Jr.

University of Dayton Law Review

This Article builds upon the author’s 2010 article in the University of Dayton Law Review. More specifically, this Article focuses on research management areas that have increased in relevance over the past fifteen years or are essentially “new” to the international research collaboration realm. Now, as then, the author writes about the importance of building international collaborations during this tectonic present and urges the reader to draw their own conclusions regarding international research, emerging issues and technologies, and their importance in the future.

A Study On The Impact Of Ceos’ Financial And Technical Backgrounds On The Innovation Strategy Of The Enterprise, Jianyu Cheng

Dissertations and Theses Collection (Open Access)

Amid regional economic integration and market competition, innovation has become a key driver for enterprises to gain competitive advantages and ensure sustainable development. As primary decision-makers in corporate strategy and resource allocation, chief executive officers (CEOs) impact the selection and implementation of innovation strategies through their financial and technical backgrounds, which influence their strategic cognition and risk preferences, leading to heterogeneous innovation behaviors. While existing research has examined the relationship between CEOs and corporate innovation, studies have inadequately explored CEOs’ diverse background characteristics, particularly the interaction between financial and technical backgrounds. Given the rising trend of CFOs and CTOs advancing …

From Discrete Manufacturing To Continuous Manufacturing: Examining The Relationship Among Digital Capability, Organizational Learning, And Enterprise Performance, Demu Chen

Dissertations and Theses Collection (Open Access)

In 2018, Company J launched its intelligent drive digital transformation project, which was completed and entered operation in 2021. That December, the project obtained certification under Zhejiang Province's "1353" system for the future factory enterprises, marking a successful transition from discrete to continuous manufacturing. To address the asynchronous flows of logistics, information, personnel, capital, and value indiscrete manufacturing enterprises, as well as pain points such as lowper capita output, long product delivery cycles, and low annual inventory turnover rates, this study, based on organizational learning theory, constructs ananalytical model encompassing digital capability (independent variable X), organizational learning (mediating variable Z), …

The Impact Of Value Co-Creation On Organizational Resilience In Small And Medium-Sized Traditional Foreign Trade Enterprises, Dan Yan

Dissertations and Theses Collection (Open Access)

Against the backdrop of increasing uncertainty in the global business environment, international scholarly attention to individual, group, and organizational resilience has risen significantly. Chinese export trading enterprises—especially small and medium-sized export trading enterprises(SMETEs)—face disadvantages such as small scale, weak financing capacity, limited access to information, and low brand strength. After experiencing shocks from digital transformation, the COVID-19 pandemic, the Russia–Ukraine war, and the European energy crisis, these firms have been compelled to reconsider how to enhance their organizational resilience in order to adapt to an increasingly turbulent external environment.

First, this study selects Company H as a representative case of …

The Impact Of Top Management Team Heterogeneity On Corporate Green Innovation, Xueyan Luo

Dissertations and Theses Collection (Open Access)

At present, green innovation has become a key path for enterprises to achieve sustainable competitive advantage. However, existing research pays limited attention to how internal governance factors—especially top management team (TMT) heterogeneity—affect green innovation. Based on Upper Echelons Theory, managerial cognition theory, and institutional theory, this paper constructs a framework of “TMT heterogeneity–green strategic orientation–green innovation,” and explores the impact of different types of heterogeneity and the moderating role of regional innovation environments. Heterogeneity is categorized into conflict-type (gender, age, financial background) and complementary-type (educational, professional, overseas background) to better explain its mechanisms.

Using a sample of Chinese A-share listed …

A Study On The Influence Of Entity Internet Hospital Platforms And Health Literacy Facilitation On Postoperative Patients’ Platform Usage, Hong Ye

Dissertations and Theses Collection (Open Access)

Entity Internet Hospital (EIH) is emerging online medical service platforms in China. Currently, while EIHs in China are developing rapidly, their usage rates remain low. However, postoperative patients have substantial follow-up consultation needs. Consequently, incentivizing postoperative patients to use EIH from the demand side is a highly challenging proposition in the current era. Grounded in Technology Acceptance Model and Health Belief Model, this study examined the impacts of platform and health literacy facilitation on platform usage (including intention and frequency) among 631 postoperative patients with cardiovascular disease from four medical institutions in Wuhan, and explored the moderating role of literacy …

Income Inequality, Weak Institutions, And The Emergence Of Reform-Abortive Corruption, Raul V. Fabella, Karl Robert L. Jandoc, Majah-Leah V. Ravago

Economics Department Faculty Publications

We propose a statutory/norm approach for understanding the emergence of rent-seeking corruption using a 2 x 2 collective action game. In the status quo, self-interested players converge on a market-failure equilibrium, which is inferior to the cooperative outcome. The government attempts to shift behavior toward cooperation by enacting statutes that prohibit defection through penalties and enforcement mechanisms. The effectiveness of these interventions depends on sufficiently high expected penalties and low implementation costs, which are conditions characteristic of upright governance. When government is weak, however—particularly when it is vulnerable to bribes—statutes are undermined. Income inequality magnifies this vulnerability: elites benefit from …

Time-Resolved 3d Momentum Spectroscopy In Continuous Wave Atomic Photoionization Experiments, K. L. Romans, B. P. Acharya, A. H.N.C.De Silva, K. Foster, O. Russ, Daniel Fischer

Physics Faculty Research & Creative Works

An experimental continuous-wave (cw) pump-probe scheme is demonstrated by investigating the population and photoionization dynamics of an atomic system. In particular, 6Li atoms are initially prepared in optically pumped 22S1/2 and 22P3/2 states before being excited via multi-photon absorption from a tunable femtosecond laser. The subsequent cascade back to the ground state is analyzed by ionizing the atoms in the field of a cw optical dipole trap laser. Conventional spectroscopic methods, such as standard cold-target recoil ion momentum spectroscopy or velocity map imaging, cannot provide simultaneous momentum and time-resolved information on an event-by-event basis for the system investigated here. The …

Chasing The Dream And Buying The Promise In A Conceptual Framework For Consumer Decision-Making, Casey H. Prentice

Communication & Theatre Arts Theses

The American dream is a concept that is echoed across our society, and while the data show Americans do not overwhelmingly believe in the dream, marketers continue to pair it and the issue of economic prosperity in their agendas. Through a novel framework that overlaps a deeply studied mass communication theory with a decision-making framework used in marketing, this paper demonstrates a new lens to understand how marketers identify strategies and tactics, build agendas, and make sales by touting the American dream. As separate entities, decision-making models and agenda setting theory are powerful, but together can create an environment that …

Schema, Stigma, And The “We-Them” Divide: Perspectives On Ageism From Everyday Life To Healthcare, Temple D. West

English Theses & Dissertations

Ageism remains a pervasive and often underexamined form of discrimination, affecting older adults across both everyday and clinical contexts. This paper explores how cognitive schemas—mental frameworks that shape perception and experience—and stigma interact to reinforce a “we–them” divide between and older patients and healthcare providers, as well as between older and younger individuals in broader society. Through focus groups and listening to the voices of older patients, this study examines how assumptions of age-based decline are embedded in society and inform schemas of ageism. It considers how those schemas shape the spoiled identity of older people as a stigmatized group, …