Digital Commons Network^™

Moyle V. United States: The (In)Decision Addressing The Public Health Crisis In America’S Emergency Rooms, Presley Dawson

Maryland Law Review Online

No abstract provided.

Equal Rights And Protections In Human Subjects Research: A Call To Action, Leslie E. Wolf, Laura M. Beskow

Journal of Health Care Law and Policy

No abstract provided.

From Roe To Risk: The Sobering Realities Of Reproductive Data Privacy In A Post-Roe America, Brynn Drury

Journal of Health Care Law and Policy

No abstract provided.

“Do No Harm,” Unless God Says So? The Unholy Conflict Of Religious Objections In Health Care, Brandon Hernandez

Journal of Health Care Law and Policy

No abstract provided.

Not Here Or There: How Catholic Hospital Abortion Bans Interact With State Bans, Lori Freedman, Debra Stulberg, Elizabeth Reiner Platt

Journal of Health Care Law and Policy

No abstract provided.

Arbitrating With Indian Tribes: Separability, Tribal Sovereign Immunity, And Exhaustion Of Tribal Remedies, Paul F. Kirgis

New Mexico Law Review

Indian tribes have emerged as significant contributors to the national and regional economies, notably through industries such as gaming, natural resource extraction, technology, and consumer lending. This increasing commercial activity brings with it increasing commercial disputes. Both Indian tribes and their nonmember counterparts need a fair and reliable forum to ensure that agreements are performed, loans repaid, and avoidable harms compensated. But the complex legal landscape of tribal sovereignty and jurisdiction complicates dispute resolution involving tribes. Tribes’ status as sovereign entities raises challenging issues of federal and state court jurisdiction, tribal sovereign immunity, and exhaustion of tribal remedies. Arbitration offers …

What Law Schools Teach When They Don’T Teach About State Constitutions, Ellie Margolis, Leonore F. Carpenter

New Mexico Law Review

No abstract provided.

Walking The Line On Safety And Free Speech: Sidestepping First Amendment Challenges To Median Bans, Taylor J. Black

New Mexico Law Review

In 2021, the Tenth Circuit held a ban targeting pedestrians on street medians in Albuquerque, New Mexico unconstitutional under the First Amendment. Citing a crisis of pedestrian fatalities, Albuquerque has since promulgated a new pedestrian-safety ordinance with an adjusted median ban that prohibits pedestrians from sitting or standing on certain street medians. This ban not only fails to increase pedestrian safety but also arbitrarily blames the city’s poorest residents and poses a threat to First Amendment freedoms. Because the city cannot produce case-specific evidence to show that the ban is narrowly tailored to ameliorate a nonspeculative harm, the current ban …

Prisoners, Patients, And Privatization: Accountability For Corrections Contractors Under The New Mexico Civil Rights Act, Mayalyn Durham

New Mexico Law Review

New Mexico dedicates significant resources to incarceration—particularly with respect to prison medical care. Although New Mexico has mostly transitioned away from privately operated prisons, the New Mexico Corrections Department (NMCD) continues to contract with various corporations to provide health services in state-owned prisons. Not surprisingly, the private contractors’ cost-saving measures often result in the provision of grossly inadequate healthcare that constitutes cruel and unusual punishment under the Eighth Amendment. Prisoner litigation under 42 U.S.C. § 1983, however, is fraught with substantive and procedural barriers to recovery. The New Mexico Civil Rights Act (NMCRA or “the Act”) provides an avenue of …

A Theory Of Structural Guarantees: How The Constitution Combats Unequal Distributions Of Liberty, Michael S. Cecil

New Mexico Law Review

Structural inequality is a widely invoked but often undertheorized concept in constitutional discourse. A persistent question in constitutional theory is whether structure itself is a subject of justice—and how, if at all, institutional arrangements that produce unequal distributions of liberty might demand corresponding remedies. The strained efforts of courts and legislatures in addressing structural inequality through individual rights-based frameworks underscore the need for a more robust theoretical account. This Article contributes to that effort by advancing a theory of “structural guarantees” grounded in principles of justification from the social contract tradition. Rather than focusing on abstract features of the state …

Unchecked Contempt: The Necessity Of Maximum Sanctions For Criminal Contempt In New Mexico, Cam Rosenberg

New Mexico Law Review

Few areas of law are so completely entrusted to judge’s discretion, and therefore engender the risk of judicial abuse, as the contempt power. Despite this risk, New Mexico has significantly expanded the criminal contempt power over the last three years. Yet the results of this expansion—which typically play out in trial courts with little publicity and rare appellate review—have not been studied in any detail. This Comment examines how New Mexico trial courts used criminal contempt from January 1, 2023, to October 20, 2024, in light of the broad discretion granted to these courts. In this timeframe, a select few …

Board Of Directors Quarterly Meeting - Open Session Book 06/12/2025, Uc Law Sf

2025 Board of Directors Agenda and Materials

No abstract provided.

In Re: Enos Hershberger

2025 Decisions

USDC for the Western District of Pennsylvania

Chaka Kwanzaa V. Girard Tell

2025 Decisions

USDC for the District of New Jersey

Amplifying Extremism: Small Town Politicians, Media Storms, And American Journalism, Nik Usher, Jessica C. Hagman

Communication: Faculty Scholarship

Within a week, a no-name Republican state representative from a town of 384 people in Illinois catapulted from obscurity to a prime-time appearance on Fox News' Ingraham Angle. This newly empowered politician, Darren Bailey, would go on to steer the pro-business Republican party in Illinois toward extremism. Democratic backsliding emerges across all levels of politics, but the threats posed by small-town politicians have been overshadowed by national-level politicians. This microstudy of a single politician's debut in the public eye showcases a novel approach to media corpus construction that combines proprietary and open databases, aggregated search tools, and targeted searching, and …

Associations Between 24-Hour Movement Compositions And Cardiometabolic Health In Children And Adolescents: A Five-Part Compositional Analysis Using Data From The International Children’S Accelerometery Database (Icad), Zoë A. Marshall, Adam Runacres, Pedro Curi Hallal, Russ Jago, Soyang Kwon, Kate Northstone, Russell R. Pate, Jardena Puder, John J. Reilly, Luis B. Sardinha, Niels Wedderkopp, Ester Van Slujis

Faculty Publications

Objectives The benefits of physical activity (PA) and the negative impacts of sedentary time (SED) on health in youth are well established. However, uncertainty remains surrounding how PA and SED jointly influence cardiometabolic risk (CMR) factors. The aim of this study was to determine the joint influence of SED, light-, moderate- and vigorous-intensity PA (LPA, MPA and VPA), and sleep on CMR factors using five-part compositional analyses.

Methods Data were pooled from 16 cohort studies comprising 22 474 children and adolescents from the International Children’s Accelerometery Database. PA was measured using hip-mounted accelerometers with sleep self-reported. CMRs included body mass …

A Matter Of Public Concern: Wright V. Dorsey And The Need For Speech Protections Beyond Anti-Slapp Law, Henry Valentine

Duke Journal of Constitutional Law & Public Policy Sidebar

Wright v. Dorsey, a recent defamation case, demonstrates the limitations of anti-SLAPP ("Strategic Litigation Against Public Participation") law and the need for supplemental speech protections. Joshua Wright, an antitrust law practitioner and former professor, sued Elyse Dorsey and Angela Landry for defamation. Dorsey and Landry had claimed that Wright used his position as their professor (and later employer) to pressure them into non-consensual sexual relationships; Wright acknowledged their relationships but claimed they were fully consensual, and that stating otherwise was defamatory. Anti-SLAPP law failed to protect Dorsey and Landry even though Wright's lawsuit was ultimately a SLAPP. To better protect …

Impact Of A Dance Education For Secondary School Students, Kimeka T. Williams

Student Theses and Dissertations

As the education system has grown, so has arts education, but not with great ease (Fegley, 2010). Dance education and associated curriculums are designed to allow students an opportunity to express themselves through creative movement. The Kennedy Center stated that arts integration is “an approach to teaching in which students construct and demonstrate learning through an art form. Students engage in a creative process which connects an art form and another subject area meeting evolving objectives in both” (Silverstein & Layne, 2014). Kassing (2013) states that today, the dance scene is quite different from how it was a century ago. …

Exploring Responsible Use Of Generative Ai In Disaster Resilience For Indigenous Communities, Taranum Bano, Chun-Hua Tsai, Srishti Gupta, Yu-Che Chen, Edouardo Zendejas, Sarah Krafka

Information Systems and Quantitative Analysis Faculty Publications

Tribal communities face unique challenges in disaster response, often lacking resources and infrastructure to effectively respond to emergencies. This study explores the potential of generative Artificial Intelligence (AI) to enhance disaster response within these communities. We designed a multi-modality generative AI system for disaster assessment from user-generated photos and organized reports with community in-kind cost sharing. We introduced the system prototype at the 2024 National Congress of American Indians (NCAI) conference with emergency department professionals from diverse tribal nations and other stakeholders. Through a workshop-focused group discussion, we discussed the perception, ideas, and concerns for introducing generative AI technology to …

Closing The Learning Gaps: When Special Education Students Receive Grade Level Content Through Inclusionary Practices, Shaun Ross

Student Theses and Dissertations

This study examined the academic outcomes of special education students receiving core instruction in an inclusionary model compared to those receiving their instruction in a resource classroom. The research problem addressed the achievement gap between the two instructional approaches and how they impact student academic performance. The findings are relevant to educators, school administrators, and policymakers looking to improve instructional strategies for students with disabilities. The purpose of this quantitative correlational research study was to determine whether inclusionary based instructional practices led to higher academic achievement than the traditional pull-out model. Grounded in the theoretical framework of Positivism, the study …

Functional Characterization Of Uncharacterized Essential Genes In The Oral Pathogen Streptococcus Mutans, Courtney Dover

Student Theses and Dissertations

Streptococcus mutans is a pathogen associated with the formation of dental caries, and its genome contains many uncharacterized genes, including some which are classified as essential genes. These genes are required for the growth of the organism. Characterizing the function of these genes is important for understanding the organism, as well as identifying potential antimicrobial targets. This project used a CRISPRi (CRISPR interference) system to repress seven experimentally uncharacterized genes within the S. mutans genome and investigated the effects of their repression via RNA-seq transcriptomics, phylogenetic analysis, and TEM. The gene annotated as SMU_393 was then prioritized for further analysis …

129th St. Cluster Assoc., L.P. V. Davis

All Decisions

The court reversed the Housing Court's decision, vacating a default final judgment against a long-term, SCRIE-qualified tenant in a nonpayment proceeding. The nonappearance was not willful, and the landlord demonstrated no prejudice from the brief delay. The tenant showed a meritorious defense by presenting money order receipts for alleged 1999 arrears, which may be time-barred. The case was remanded for further proceedings on the merits.

The Rogue Private Company And National Defense Emergencies, Gavin Small

Duke Journal of Constitutional Law & Public Policy Sidebar

This Note explores two overlapping challenges in the United States constitutional and political system. First, the United States increasingly relies on private companies for technologies necessary for national defense. This has given outsized power to a few unelected corporations and people who might have their own incentives that misalign with those of the United States. This is particularly dangerous in an emergency situation where the United States government, not a private company with its own interests, should be making decisions regarding national security. As an example, this Note focuses on the massive role that the company SpaceX plays in the …

Forcing Our Hand: Evaluating The Use Of Force In Responses To Wrongful Detentions Abroad, Tyler J. Marovitz

Duke Journal of Constitutional Law & Public Policy Sidebar

Wrongful detentions are on the rise. Over the past ten years, U.S. nationals have increasingly found themselves detained abroad upon spurious allegations, facing trumped-up charges, and deprived of basic due process protections. Most of these detentions occur in countries hostile to the United States: Russia, Iran, North Korea, China, and Venezuela. The U.S. has opted to release rightfully detained foreigners to those nations in exchange for its wrongfully detained nationals. All of this perpetuates a “prisoner bazaar” that encourages unscrupulous nations to continue their bad-faith detentions of U.S. nationals. This Note investigates this emerging issue through a use of military …

Beyond Criminalization: A Call For Educational Restorative Justice In Response To Maryland’S 2024 Juvenile Crime Bill, Melissa B. Spirn

Maryland Law Review Online

No abstract provided.

Abortion Regulation And Chilling From Extremists, Guha Krishnamurthi

Maryland Law Review Online

No abstract provided.

Imprudent Mootness: Why Federal Appellate Courts Should Abandon The Doctrine Of Prudential Mootness,, Cooper C. Millhouse

Maryland Law Review Online

No abstract provided.

A Mismatched Pair Of Sox: The Split Over The Whistleblower Exhaustion Requirement, Nikhil B. Mathur

Maryland Law Review Online

No abstract provided.

The War On Tourer: An Analysis In Terrorism’S Effect On Tourism, Jacob M. Strawn

Student Theses and Dissertations

Tourism is the third largest global export, representing seven percent of all global trade(UNWTO 2021). Many developing countries now depend on tourism to achieve sustainableeconomic growth, a core component of the UN’s 2030 Sustainable Development Goals. Priorstudies of this phenomenon focus on isolated case-studies, mostly based on limited data. Inthis thesis I examine how terrorist incidents and fatalities affect international tourist arrivalsin 93 developing countries from 1995 to 2020. Special focus is placed on potential variablesthat may effect some countries more than others like Post-9/11 Anxiety. An increase in terrorattacks is associated with a decrease in tourism. A separate analysis …

Front Matter, Arianna Medina

Western Journal of Orthopaedics

No abstract provided.