Digital Commons Network^™

Stephen Mccarthy V. Dea

2025 Decisions

Agency

Cbv Inc. V. Chanbond Llc

2025 Decisions

USDC for the District of Delaware

Ethical Implications Of Being A Holobiont, Scott F. Gilbert

Biology Faculty Works

Developmental plasticity and holobiont theory have undermined the normative concepts of biological individuality. However, such traditional ideas of biological individuality have helped define and support Western ethical views into the 21st century. Guided by some of the ethical formulae of Simone Weil, Hans Jonas, and Alastair MacIntyre, this essay attempts to outline some possible trajectories for an ethics that is bounded by these new biological paradigms of environmental agency. Specifically, the ecological developmental biology concepts of plasticity and holobiont theory permit the “ethics of attention” to focus on the partnerships of living beings. Highlighting environmentally integrated life cycles and their …

Rethinking Ohio Mandated Reporting For Child Neglect, Stephanie L. Ash

Et Cetera

This article briefly outlines the history and harm of family separation, reviews applicable federal and Ohio laws concerning child neglect and screening guidelines for investigation, and examines the social justice implications of rethinking mandated reporting requirements and implementing alternatives to protect children from systemic oppression and violence from the family policing system.

The Effect Of Cognitive Biases And Organizational Constructs On Enterprise Resource Planning Implementation Success In Small And Medium-Sized Enterprises: A Pls-Sem Approach, Michael Davidson

Dissertations

Enterprise Resource Planning (ERP) systems are crucial to enhancing organizational performance, efficiency, and strategic competitiveness in small to medium-sized enterprises (SMEs). ERP adoption in SMEs has been known to fail, with more than 75% of the implementations considered failures. These barriers are compounded by cognitive biases, such as temporal discounting (TD) and optimism bias (OB), which skew the strategic decision-making process. The framework suggested in this paper explains the relationships between top management support (TMS), information quality (IQ), system quality (SQ), user satisfaction (US), optimism bias (OB), and temporal discounting (TD) and their impact on ERP implementation success (EIS) and …

Rethinking Green Building Development Through Policy And Operational Metrics: Insights From Baton Rouge And Beyond, Oluwafemi Awolesi

LSU Doctoral Dissertations

This dissertation explores the challenges and opportunities associated with the development, adoption, and performance of green buildings in regions with relatively low certification uptake, drawing insights from Baton Rouge and its parish system as a case study. It addresses three primary research questions: (1) How can the adoption rate of green buildings be enhanced? (2) How do certified buildings perform compared to their non-certified counterparts? (3) What operational metrics can be applied to better evaluate building performance in the future?

Using a mixed-methods approach, the study examines stakeholder perceptions in East Baton Rouge, Louisiana, investigates energy performance, indoor environmental quality, …

Trusted Professional Multi-Agency Transitions For Young People Facing Multiple Disadvantage – Learning From Co-Production By A Third Sector Partner In The Plymouth Alliance, Uk, Gemma Doyle, Sean Mitchell, Sue Hawley, Katy Krysiak, Felix Gradinger

Peninsula Medical School

Introduction: This case study provides practice-based reflections on challenges and potential solutions for young people with multiple disadvantages across housing, substance misuse, mental health, criminal justice, and domestic abuse systems, informed by 4 local principles: trauma informed, learning based, an alliance commissioning ethos, and workforce development.Description: To improve the current experiences of 17–25-year-olds in service transition iterative insights drew from networking staff across sectors, clinical audit and following live cases, and appreciative enquiries with young people. This was conducted by a practitioner researcher in a local Young Person’s charity and was supported by peer researchers with lived experience and embedded …

Recognizing The Charter Value Of Employee Freedom Of Association At Common Law, Kevin Banks

Osgoode Hall Law Journal

This article systematically explores, for the first time in the published literature, how the development of the common law of employment could advance in light of the Charter values doctrine, focusing on freedom of association. It contends that courts must scrutinize the common law’s impairments of that freedom, and unless they are necessary to similarly important common law values, eliminate them where it is possible to do so within courts’ powers to incrementally change it. A number of such paths are open. If asked to do so, courts probably can and should provide Canadians with a common law of employment …

Sentencing Vulnerability: Conceptualizing The Incorporation Of Personal Characteristics And Experiences At Sentencing, Adelina Iftene

Osgoode Hall Law Journal

Social inequalities that lead to criminal conduct are often not considered in sentencing; individuals subject to structural inequities receive the same formal sentence as those convicted of like crimes irrespective of the latter’s social advantage. Individual characteristics may also affect how a sentence will be experienced by an individual. While Characteristics and Experience-Sensitive Sentencing (CESS) already exists in various forms and to various degrees in sentencing theory and praxis, a more cohesive, comprehensive, and principled CESS remains wanting. Building on existing approaches, this article locates CESS as a necessary response to equality-based concerns arising from current mainstream sentencing practice. Thus, …

Studying Religious Symbols And Bias In Court Proceedings, Nicholas A.R. Fraser, Colton Fehr

Osgoode Hall Law Journal

MOCK JURY STUDIES INVESTIGATING the impact of religious symbols on jurors have produced conflicting findings, raising questions about how religious bias should be studied in judicial settings. Our study adds to the literature in three ways. First, we develop a clear theoretical framework which identifies dispositional and situational triggers allowing researchers to more precisely define and measure religiously motivated bias. Second, we show that mock jury experiments with video-based treatments simulating audio-visual cues are more likely to produce reliable findings relative to text-based studies. Third, we present the first empirical evidence of how mock jurors react to courtroom oaths. Our …

Allocative Justice As A Constraint On Fiscal Imperialism In International Tax, Okanga Ogbu Okanga, Kim Brooks

Osgoode Hall Law Journal

Taxpayers’ cross-border activities often result in two (or more) states claiming the right to tax their income. To address concerns about how those tax liabilities might aggregate and suppress international activities, states typically agree to split the tax base between them. But how can states fairly share tax revenue from cross-border activities? Tax scholars and policymakers offer different normative perspectives to address this inter-nation equity conundrum. In this article, we conceptualize these normative perspectives into two types. One centres on identifying where the economic factors that lead to the ability to produce the income are located (and uses that determination …

“The Biggest Problem With You…”: Racial Profiling And Canada’S Program Of Extra-Territorial Migrant Interdiction, Simon Wallace, Benjamin Perryman, Gábor Lukács, Sean Rehaag

Osgoode Hall Law Journal

In 2019, two Roma-Hungarian travellers were prevented from boarding their flight to Canada. Even though their documents were in order and their travel was legitimate, they were singled out for examination and extra scrutiny. This article—relying on new evidence produced in a series of legal proceedings—shows how Canada has implemented a de facto system of racial profiling in airports overseas. This program was not built overnight, but produced by a series of historical accretions, all organized around the idea that potential refugees can be detected by their race. This article shows how Canada, to deter asylum seekers, has conscripted private …

Reply To Review Of Assisted Suicide In Canada, Travis Dumsday

Osgoode Hall Law Journal

I AM VERY GRATEFUL to the editors of the Osgoode Hall Law Journal for their invitation to submit a response to the journal’s review of my book, Assisted Suicide in Canada: Moral, Legal, and Policy Considerations. That review appeared in its spring 2023 issue.

A Culture Of Justification: Vavilov And The Future Of Administrative Law By Paul Daly, Jordana Borzellino

Osgoode Hall Law Journal

ON DECEMBER 19TH, 2019, the Supreme Court of Canada (SCC) handed down one of the most influential cases of the decade in Canada (Minister of Citizenship and Immigration) v Vavilov. From an FBI raid to uncovering secret Russian spies, it is not often that Canadian administrative law deals with such an exhilarating situation. However, for the respondent, Alexander Vavilov, this was the situation that jolted him into the throes of administrative legal reform in Canada.

A History Of Law In Canada, Volume Two: Law For The New Dominion 1867–1914 By Jim Phillips, Philip Girard, And R. Blake Brown, Johnathon Cruickshank

Osgoode Hall Law Journal

DID YOU HEAR THE ONE about the Supreme Court of Canada justice owing the Prime Minister five thousand dollars? No, this is not the set-up of a cheesy law school joke nervously told at a pub night mixer. Rather, it was a shockingly true occurrence in the Laurier era that goes to show how drastically different (and a tad more corrupt) our legal system was over one hundred years ago. While not all the historical points of interest are juicy revelations concerning public officials, A History of Law in Canada, Volume Two: Law for the New Dominion 1867–1914 wraps an …

Shari’A, Inshallah: Finding God In Somali Legal Politics By Mark Fathi Massoud, Danyal Maqbool

Osgoode Hall Law Journal

Shari’a, InshAllah: Finding God in Somali Legal Politics (“Shari’a InshAllah”), written by Mark Fathi Massoud, professor of politics and legal studies at the University of California, Santa Cruz, is a compelling and fascinating work chronicling the relationship between law, religion, and politics in the context of Somalia’s recent history. In this book, Massoud explores the inextricability of religion from Somali legal politics as the country grapples with its colonial and post-colonial legacies and relationships to power in a society where God serves as a conduit for both faith and aspirations of self-determination. In a region where distrust of Western institutions …

Does Lady Justice Need A Sword? Indictment: The Criminal Justice System On Trial By Benjamin Perrin, Noel Semple

Osgoode Hall Law Journal

LADY JUSTICE CAN OFTEN BE FOUND, in statue form, in or near courthouses. This symbol of the Western justice system is blindfolded to show neutrality. She carries a scale to weigh facts and arguments fairly. Sometimes, she also holds an olive leaf to symbolize mercy and healing. A sword is the other accessory that Lady Justice invariably carries. The sword is a ubiquitous part of this symbol because most people believe that justice in general, and criminal justice in particular, necessarily involves inflicting pain upon wrongdoers.

The Enduring Significance Of Nuanced Ideological Voting In The Supreme Court Of Canada, C. L. Ostberg, Matthew E. Wetstein

Osgoode Hall Law Journal

THE CHARTER REVOLUTION IN CANADA has ushered in a new era of politics on the Supreme Court of Canada that places the Court at the centre of controversial policy questions that are fundamental to a democratic society. Through its early Charter rulings, the Court advanced a host of rights and liberties claims resulting in the charge that it had become far more activist. This shift exemplifies a broader pattern occurring across high courts around the world in the late twentieth century that some scholars describe as the growing judicialization of politics. The Court’s increased role in reviewing government policy has …

Creative Processes In Visual Arts In Education: A Conceptual Framework, Enock Swanzy-Impraim

Research outputs 2022 to 2026

The diversity and uniqueness of individuals and the multifaceted nature of creativity necessitate new models in various domains. This study reviewed previous studies and models of the creative process and presented a combined model (Swanzy-Impraim panoramic creative process model) of the creative process applicable to the visual arts in education and other artist-expressive domains. It positions the creative process in seven phases: (1) immersion, (2) problem/task identification, (3) ideation, (4) production, (5) outcome, (6) evaluation, and (7) responses. This conceptual paper explores creativity as a concept and its significance in the artists’ expressive domain, reviews and maps creative process models, …

Tectonic Setting Analysis Of The Early Tortonian Lacustrine Basins In Nw Iran Based On Sedimentological, Paleontological, And Structural Studies, Enayat Haghfarshi, Seyyed Reza Moussavi̇ Harami̇, Mohammad Faridi, Peyman Rezaee

Turkish Journal of Earth Sciences

The Lignite Beds of Tabriz are among the Neogene formations in the northwest region of Iran that were formed as individual basins in the margin of the Tabriz fault and the suburbs of Tabriz City during the Late Miocene. These beds have many similarities in terms of facies and lithology. In this study, two stratigraphic sections of the main Lignite Beds unit, with a total thickness of 203 m, were measured and sampled. Fine- and medium-grained siliciclastics, limestones, lignite, tuff, and calcrete sedimentary facies were identified. The new fossils identified in this study include gastropods (Borysthenia naticina, Hydrobia sp., Lymnaea …

Mother And Baby Homes Commission Of Investigation Report: Alternative Executive Summary, Maebh Harding, Mairead Enright, Aoife O'Donoghue, Aoife Price, Cliona De Bhailís, Maria Ní Fhlatharta, Sahar Ahmed, Aisling Mcmahon, Aoife Daly, Ciara Fitzpatrick, Deirdre Macgowan, Fergus Ryan, Fiona Donson, Helen Kehoe, James Gallen, Kieran Walsh, Louise Kennefick, Lydia Bracken, Lynsey Black, Michelle Farrell, Phil Mullen, Samantha Morgan-Williams, Vicky Conway, Eilionoir Flynn, Shane Darcy

Research Outputs: 2025-Present

This document builds on the methodology developed by feminist judgments projects to rewrite the Executive Summary to the Final Report of Ireland’s Mother and Baby Homes Commission of Investigation, published in January 2021. The Mother and Baby Homes Commission of Investigation was established in February 2015 to investigate experiences in certain of Ireland’s residential institutions for single mothers and their young children between 1922 and 1998. In our rewritten Executive summary, twenty-five academics examined the evidence in the Commission’s original report, and offered a feminist, human rights-based analysis of the evidence presented there. Our document was first published open access …

Wading In Alligator Infested Waters: An Analysis Of Indemnification Provisions In College Athletic Coaching Employment Agreements, Mark T. Wilhelm, Danielle A. Clifford

Texas A&M Law Review

College athletic coaches have always been under pressure from countless sources, whether that is recruiting new student-athletes, managing booster relations, or simply trying to win games. But recent rule changes that permit student-athletes to profit on their name, image, and likeness rights have brought to the forefront additional pressures on coaches as there are now questions about whether, and to what extent, coaches have personal liability for their acts or omissions in their roles as coaches and in capacities adjacent to their coaching roles. This Article uses as a case study a lawsuit brought against college football coach Billy Napier …

Hospitalization Trends For Thromboembolic Events In Atrial Fibrillation: A 12-Year National Analysis, Moises Vasquez, Crystal Yan, Natacha Vargas, Samuel Vasquez, Litsa Lambrakos, Alex Velasquez, Jeffrey Goldberger, Raul Mitrani

Division of Cardiology Faculty Papers

BACKGROUND: Direct oral anticoagulants and percutaneous left atrial appendage occlusion (LAAO) devices were approved for use in 2010 and 2015, respectively. It is unknown to what extent, if any, these new stroke preventive therapies have impacted hospitalizations for thromboembolic (TE) events.

OBJECTIVES: To evaluate temporal trends in AF-related hospitalizations for acute ischemic stroke (AIS), transient ischemic attack (TIA), and systemic embolism (SEE) in the U.S. from 2010 to 2021.

METHODS: Using the National Inpatient Sample, we identified hospitalizations for TE events with comorbid AF. Data were grouped into two periods (2010-2015 and 2016-2021). Linear regression assessed trends in TE frequency. …

Tlr4 Asp299gly Snp (Rs4986790) Protects From Periodontal Inflammatory Destruction By Altering Tlr4 Susceptibility To Lps Stimulation, Franco Cavalla, Cláudia Cristina Biguetti, Ariadne Letra, Renato Silva, Alexandre R. Vieira, Franz J. Strauss, Gustavo P. Garlet

School of Podiatric Medicine Publications

Simple Summary

Periodontitis is a common disease that affects the gums and the bone supporting the teeth, often leading to tooth loss. It results from a complex interaction between bacteria and the body’s immune response. Some people are more susceptible than others, and genetics may play a role. In this study, we focused on a genetic variation (called a polymorphism) in a gene known as TLR4, which helps the immune system recognize harmful bacteria. We examined over 1400 individuals from different populations and found that people carrying this specific variation, known as Asp299Gly, were less likely to develop severe periodontal …

Morphotectonic And Active Tectonic Properties Of The Yenicekent Travertines With Chibanian–Meghalayan Ages In The Denizli Graben (Türkiye), Ömer Eki̇zoğlu, B. Levent Mesci̇

Turkish Journal of Earth Sciences

Travertine deposits that crop out in the Yenicekent travertine field within the Denizli graben in western Türkiye are described and illustrated. Three morphologies of travertine are identified in this field, comprising fissure-ridge type, range-front, and eroded-sheet type, with each type resulting from deposition by geothermal waters driven by ongoing tectonism. The fissures in the Yenicekent travertine field extend parallel to active normal faults bounding the Denizli basin from the NE-directed Tripolis and Pamukkale faults, and were formed by waters released under tensile stress in the footwall blocks of normal faults. This study aimed to link the chronological development of travertine …

From Glory To Glory: The Analogy Of Being In The Thought Of Karl Barth And Hans Urs Von Balthasar, Philip Micele

Seton Hall University Dissertations and Theses (ETDs)

In response to Karl Barth’s rejection of the analogia entis as “the invention of the Antichrist,” Erich Przywara insists that the great Protestant theologian’s criticisms are essentially of no avail, “because for him this biblical Christianity came, in fact, to assume the shape of a system of ‘ever greater dissimilarity,’ which is to say it fell under the spell of the very analogy he sought to flee.”[1] Przywara further stresses that “it is precisely in the analogy, understood as the ‘analogy of ever greater dissimilarity,’ that God is mighty and declares himself – the God who, ‘if you comprehend …

Bold New Bioweapons: Part 1 — The Burdens Of Detection And Attribution, James Giordano

Strategic Insights

This commentary, Pt. 1 of the Bold New Bioweapons series, examines how advances in gene editing, synthetic biology, and artificial intelligence are reshaping the biological weapons threat landscape and challenging the effectiveness of the Biological Weapons Convention (BWC). Dr. Giordano argues that decentralized research ecosystems, AI-enabled pathogen design, and dual-use biotechnology complicate detection, attribution, and deterrence. Emerging techniques can produce synthetic or modified biological agents that evade traditional surveillance systems and blur distinctions between legitimate research and weaponization. The absence of clear adjudication mechanisms within the BWC creates governance gaps exploitable by state and non-state actors. The article emphasizes that …

An Explanation Of African American Males' Experiences And Decisions In The Pursuit Of Doctoral Degrees, Vincent L. Tucker

Walden Dissertations and Doctoral Studies

There was a limited understanding of the lived experiences of African American males who had completed their doctoral degrees, which could provide solutions to the barriers faced by those did not complete the doctoral program. Elements of critical race theory, Vroom’s expectancy theory, and Herzberg’s theory of motivation were combined into a single conceptual framework to understand the barriers experienced by African American men that prevented them from pursuing and completing doctoral programs. The data analysis process included a pre-coding exercise conducted after data collection to identify patterns or commonalities between the two sets of data. The results from this …

We Are Tectonic! A Queer Geophysics For Intra-Solidarities And Resisting The Cloud Regime, Helen Pritchard, Femke Snelting, Seda Gürses, Jara Rocha, Miriyam Aouragh

School of Art, Design and Architecture

This paper analyses how Big Tech and global consultancy firms are asserting control over carbon removal certification and governance through infrastructure solutions and technical standards. We argue that defining gaps in the underground constitutes a global takeover of material sovereignty, encompassing both knowledge and geological formations. We unearth Big Tech’s strategies of infra-solutionism to demonstrate, drawing on the work of inhuman geographer Kathryn Yusoff, how this takeover reinforces geological grammars and essentialises racialised and sexualised categories that disconnect us from the Earth. Drawing on queer poetry together with work of Marxist agronomist Amílcal Cabral we advocate for resistance to dominant …

Scorpions Of The Horn Of Africa (Arachnida: Scorpiones). Part Xl. Barbaracurus Lowei Sp. N. From Ethiopia (Buthidae), František Kovařík, Hassan Sh A. Elmi

Euscorpius

Barbaracurus lowei sp. n. from Ethiopia is described and compared with other species of the genus, fully complemented with color photos of specimens of both sexes of the new species, as well as of their habitat. Included is a key for Barbaracurus and a map of the distribution of the genus in the Arabian Peninsula and the Horn of Africa.