Digital Commons Network^™

"I'M Guilty, But I'M Not A War Criminal!": Fixing Treaty Crimes, Dyllan M. Taxman

Duke Journal of Constitutional Law & Public Policy

This Article examines the Supreme Court's test for treaty crime constitutionality against the gauntlet of time and application. Treaty crimes are criminal behavior violating statutes penalizing private individuals for disobeying the terms of an international treaty obligation. The current treaty crime test from Bond v. United States has produced inconsistent results resting on shaky constitutional grounds. This Article proposes a new test relying on constitutional delegations of authority and treaty drafting history to determine when a treaty crime statute violates the Tenth Amendment. It measures the new test's effectiveness by applying the test to cases in which the Bond test …

Huang V. Johnson

All Decisions

In this no-grounds holdover, the court affirmed the denial of the tenant's motion to vacate a default judgment and be restored to possession after eviction. The tenant claimed his failure to appear was due to his incarceration, but he provided no documentation to support this assertion. The court found that the tenant's motion papers were insufficient, consisting only of conclusory statements without evidence of a reasonable excuse or a meritorious defense. The denial was upheld as a proper exercise of the lower court's discretion, and because it was made "without prejudice," the tenant retained the option to refile the motion …

Journal Staff

Duke Journal of Constitutional Law & Public Policy

No abstract provided.

The Good, The Bad, And The Ugly: Redistricting Commissions In The 2021 Cycle, Samuel S.-H. Wang, Zachariah W. Sippy

Duke Journal of Constitutional Law & Public Policy

In the last decade, redistricting commissions have proliferated across the United States as a means of reducing partisan gerrymandering. This article provides a comprehensive evaluation of their performance using both qualitative and quantitative analysis. Drawing on redistricting data from all fifty states between 2021 and 2024, we analyze how different commission designs affected partisan fairness, competitiveness, and adherence to traditional principles like compactness and preservation of communities of interest. Our analysis reveals that autonomous commissions with final map-drawing authority, balanced bipartisan processes with multiple non-partisan actors, and binding judicial review consistently produced redistricting plans with lower partisan bias and higher …

Persistent Activation Of Cardiac Fibroblasts Contributes To Myocardial Interstitial Fibrosis And Left Ventricular Dysfunction In Heart Failure, Rachel Biggs

MUSC Theses and Dissertations

Heart Failure (HF) is a complex clinical syndrome that is defined by an inability of the heart to meet the oxygen demands of the body. Myocardial interstitial fibrosis (MIF), the diffuse overaccumulation of extracellular matrix (ECM) proteins within the cardiac interstitium, contributes to ventricular dysfunction in HF. Mechanical devices designed to alleviate left ventricular deficiencies, termed left ventricular assist devices (LVADs), provide a pump that delivers oxygenated blood to the aorta thereby decreasing hemodynamic load on the ventricle. This end-stage HF therapy alleviates symptomatic burden for HF patients, however, LVAD support does not reduce MIF in the LV, and myocardial …

Bloom Pattern Data, Zhongyuan Wang, Robert J. Lang, Larry L. Howell

ScholarsArchive Data

This data is the supplementary material of the paper "Bloom Patterns: Radially Expansive, Developable, and Flat-Foldable Origami" by Zhongyuan (Kelvin) Wang , Robert J. Lang, and Larry L. Howell.

We present bloom patterns as a family of radially expansive, flat-foldable, and developable origami patterns, many of which are rotationally symmetric. Bloom patterns are defined with a generalized definition and a standardized definition. A classification scheme for bloom patterns is identified, and several types of bloom patterns are analysed. The distinct helical nature that characterizes bloom patterns is described, and a set of compatibility conditions is derived to help determine if …

Accessibility Challenges Encountered By People With Disabilities And Older Residents Of Rural Areas, Sidney Ackerman, Ariana Aghevli, Jenna Aguilar, Nicholas Alfano, Yousef Altayeb, Michael Bennett, Alexander Bergendorf, Margaux Bouret, Maria Canazart, Samantha Campbell, Jonah Carter, Michelle Chen, Morgan Coghlan, Chloee Copper, Fiona Crenshaw, Gabi Durkin, Defne Ekici, Ryan Ficarra, Mckinzie Hammond, Lauren Hedges, Aidan Jones, Shreya Krishnan, Roey Kuo, Allison Lisota, Mary Maffei, Gianna Marzen, Matthew Mauermann, Ayron Milgrom, Rohit Mukherjee, Amanda Munsell, Sunita Nhemafuki, Matthew Ottenweller, Joe Pierzakowski, Tejasi Raghuprasad, Urja Raipancholia, Neha Rajeev, Allie Ranaldi, Sarah Sammon, Maria Sequeria, Nicole A. Stepp, Bekah Spors, Justine Talbert, Sveni Thalor, Erin Thomas, Pablo Torres, Matthew Williams, Bradley S. Duerstock, Yilun Li

Undergraduate Coursework

No abstract provided.

Untying The Knot: All Of Us Strangers And The Transgressive Encounter, Luka Romney

Undergraduate Honors Theses

Trauma is a perennial human problem that has only recently received sustained attention from the academic community. Within the interdisciplinary field of memory studies, there has been a significant push to not only identify and theorize trauma but also map out and propose ways to move through and beyond the constraints of trauma. This article will use Andrew Haigh’s 2023 film All of Us Strangers to theorize an experience that forms a redemptive foil to trauma that I term encounter. These redemptive encounters are sticky and unwieldy, and they require a variety of critical frames to draw out their ultimate …

Strivers, Ambivalence, And The Implications Of Wholeheartedness, Kaia K. Hathaway

Undergraduate Honors Theses

In this thesis, I examine Harry Frankfurt’s account of the will and its implications for ambivalence, particularly in the context of moral striving. I begin by outlining Frankfurt’s hierarchical model of desires and his view that ambivalence represents a failure of agency. I then explore his proposed solution—wholeheartedness—which aims to resolve inner conflict by rejecting incompatible desires. Drawing on David Velleman and Justin Coates, I argue that Frankfurt’s view faces both agential and ethical challenges, especially for individuals engaged in upward mobility, or “strivers.” I suggest that the experiences of strivers—those who must navigate competing ethical commitments—pose a unique challenge …

Sisyphus Smiles: Essays On Living Well In The Face Of Absurdity, Brooke N. Smith

Undergraduate Honors Theses

In this thesis, I explore questions regarding the nature of meaningfulness and living well in the face of absurdity. Socrates famously stated, “The unexamined life is not worth living,” therefore, in the following essays I delve into these fundamental questions by reflecting on my own life and analyzing it in light of various philosophical notions. The two essays center around an analysis of Albert Camus’s “The Myth of Sisyphus,” ultimately highlighting the distinction between Sisyphus’s situation and our own as human beings. The first essay largely examines Maurice Merleau-Ponty’s theory of embodiment, how his conception of embodiment plays out in …

The Captive Audience Doctrine Today, R. George Wright

Duke Journal of Constitutional Law & Public Policy

No abstract provided.

An International Perspective On Geography Curricula: Paving A Way Forward For Geographical Thinking, Tomáš Bendl, Hilde Storrøsæter, Lene Møller Madsen, David Trokšiar, Raphaële De La Martinière, Shanshan Liu, Sizakele Serame, Jerry T. Mitchell, Péter Bagoly-Simó, Yushan Duan, Gillian Kidman

Faculty Publications

Geographical thinking is a cornerstone of modern geography education. Despite its universal value, no large-scale international study has systematically examined its integration into diverse curricular documents. This study investigates how geographical thinking is embedded in the curricula of nine countries, focusing on content and procedural dimensions. Using a structured analytical framework, the research reveals significant patterns and gaps, particularly the underrepresentation of place as a central concept, the lack of explicit focus on geographical thinking, and the limited emphasis on its procedural dimension. The findings emphasise the need for stronger interconnections between these dimensions to promote a more comprehensive approach …

Building A Theory-Based Understanding Of Sexual Health Provider Stigma: A Phenomenological Study, Harit Agroia, Rebecca Reno, Maytal Bach, Jenette Spezeski, Erin Starzyk

Journal of Social, Behavioral, and Health Sciences

Unraveling provider-level sexual health stigma requires building an understanding of contributing factors, such as provider knowledge, values, beliefs, medical training, and other intrapersonal or interpersonal factors that may influence its manifestation at the clinic level during patient–provider interactions. Healthcare provider stigma has not been sufficiently understood or explained using classic psychological theories, such as Cognitive Dissonance Theory (CDT) or Social Cognitive Theory (SCT). We build a theory-based understanding of sexual health-provider stigma by proposing modifications to the SCT to develop the Modified SCT (M-SCT) model, where cognitive dissonance is hypothesized to influence the personal/cognitive and behavioral factors of the M-SCT. …

Between Word And World: Textual Space In Modern Sephardic Literature, Inci Cetin

Comparative Literature M.A. Essays

In the context of modern Sephardic literature, this paper defines “textual space” as the narrative’s self-conscious arrangement of its own textual elements such as time, space, and language to negotiate a position vis-à-vis the nation-state that is neither fully subsumed within nor completely outside of it. Textual spaces neither conform to the nation state’s borders even though they write from it, nor to nationalist temporalities as they continue a narrative thread that reaches back to 15th-century Spain. Through Myriam Moscona’s Tela de sevoya (2012) and Mario Levi’s Istanbul Was a Fairytale (1999), this paper investigates how textual spaces are deliberately …

Codifying Capital: Legal Power, Racial Hierarchy, And The Gendered Dynamics Of Law, Tavia Andrew

University Honors Theses

This paper analyzes how law operates as a structuring force within racial capitalism by applying Austin Turk's "law as power" framework. It explores how legal institutions not only reflect but actively reproduce racial and gender hierarchies through their functions. Drawing from foundational work by Cedric Robinson, W.E.B. Du Bois, Angela Harris, Kimberlé Crenshaw, and others, this paper defines racial capitalism as a system in which economic exploitation is inseparable from racial and gender domination. The first section contextualizes the emergence of racial capitalism and its intersection with gender, emphasizing how bodies are commodified and governed through legal regimes. The core …

A Mixed-Methods Investigation Of Lesson Field Tests And Subsequent Learning Outcomes Amongst Fourth Grade Public-School Students In Los Angeles County, Amber Lynwood

International Christian Community of Teacher Educators Journal

This mixed methods study sought to field test a series of four lessons designed for fourth graders in order to expand historical understandings concerning Black Americans. The primary goal of the study was to determine the effectiveness of the lessons, measured by statistically significant positive changes in knowledge on pre and post-tests. Given the limited empirical work on Black history teaching, this study sought to address this gap in the literature.

The ‘Un-Doing’ And ‘Re-Doing’ Of Nurses’ Derealisation: Exploring The Effects Of The Heroic Keyworker Discourses During The Covid-19 Pandemic, Anna Conolly, Emma Rowland, Ruth Abrams, Ruth Harris, Daniel Kelly, Bridie Kent, Keith Couper, Jill Maben

School of Nursing and Midwifery

Using, and extending, Butler’s theory of recognition and censorship, this article examines the way in which nurses’ subject positions were regulated in the transformative liminality of the COVID-19 pandemic, where normal matrices of power were ‘undone’ and new ones formed. During the pandemic, societal discourses regarding nurses shifted from treating them as less-than-human and their care-work invisible and unrecognised (derealised), to an elevated position where they became appreciated and treated as heroes, then reverting to a derealised state. As part of the building of subjectivities in this liminal period, nurses constructed boundaries against ‘unmoral’ others, either members of the public, …

Development And Photophysical Characterization Of Bioinspired Materials, Qaisar Maqbool

USF Tampa Graduate Theses and Dissertations

Porphyrins are versatile aromatic macrocycles with unique photophysical properties that make them attractive for applications in light harvesting, photocatalysis, and sustainable energy conversion. Incorporating porphyrins into metal-organic frameworks (MOFs) offers a unique opportunity to modulate their photophysical behavior through spatial confinement and host–guest interactions. This thesis explores how structural modifications influence porphyrin excited-state behavior through a multi-stage investigation. The work begins by comparing the photophysical properties of two cationic porphyrins: tetra(N-methylpyridyl) porphyrin(TMPyP) and tetra(4-N,N,N-trimethylanilinium) porphyrin(4TANP). While TMPyP exhibits significant singlet–charge transfer (S₁–CT) state mixing due to charge delocalization onto peripheral pyridinium groups, 4TANP lacks comparable behavior. The localized nature of …

Examining County-Level Implicit Stereotypes And Prejudice As Predictors Of Racial And Gender Disparities In Incarceration Across The United States, Emma Elizabeth Lee Money

Dissertations and Theses

Background: This dissertation investigated the role of local macropsychological factors - specifically, county-level implicit racial bias and implicit gender stereotyping - in shaping inequalities in incarceration across the United States. Despite overall declines in incarceration, trends in the incarceration of women and people of color (particularly Black women) show disparities compared to White men. Regional aggregations of implicit biases have been proposed as robust markers and drivers of systemic inequalities and are examined in current research.

Research Questions: Three overarching research questions (RQ) guided this dissertation: RQ1 tested the relationship between county-level implicit racial bias and proportions of Black (relative …

The Development Of The Disclosed Reasons Of Partners' Premature Discontinuation In Couple Therapy Questionnaire (Dropped-Ct), Luca Codeca'

Theses and Dissertations

Premature discontinuation from couple therapy presents a substantial challenge for clients, therapists, and society. Inconsistent data on the frequency and reasons for premature discontinuation may be attributed to a lack of methodological rigor in assessing the phenomenon. This study addresses this gap by developing the Disclosed Reasons Of PrEmature Discontinuation in Couple Therapy Questionnaire (DROPPED-CT), a comprehensive instrument designed to assess the reasons why couples prematurely discontinue therapy. Utilizing a mixed-method approach, the DROPPED-CT was developed through the integration of qualitative and quantitative data. The questionnaire demonstrates strong potential for enhancing the consistency of construct operationalization and improving the comparability …

Wilmington Trust, Na V. Abdul

All Decisions

In a post-foreclosure holdover, the landlord's motion to reargue was granted, restoring the proceeding after the court initially misapprehended that the landlord lacked standing as a "one-step removed" purchaser. The court clarified that as the direct recipient of the Referee's Deed following a foreclosure sale, the landlord possessed standing under RPAPL §713(5). Despite procedural defects in the reargument motion, which were excused, the tenant's motion to dismiss the landlord's monetary claims was granted due to the landlord's failure to include mandatory language seeking such claims in the Notice of Petition, prejudicing the tenant.

Mathematical Modeling Contest: Predicting Olympic Game Medals​, Alex S. Oathout, Conner B. Dooley, Lucas R. Pinard

Linfield University Student Symposium: A Celebration of Scholarship and Creative Achievement

The Olympic Games constitute an international remembrance of sports excellence and peace in which winning medals constitutes a matter of great personal and national significance to athletes and nations. A forecasting of future medal outcomes has developed into a large application of sports analytics, but one with an elusive challenge inherent in varying performer performance, variable event rosters, and external factors like coach and home-based support. We were tasked with developing a model that could predict the top seven countries medal totals for the 2028 Summer Olympics in Los Angeles. While there are limitations to each model, collectively they represent …

Computationally Modeling Insect Swarms, Lucas Pinard

Linfield University Student Symposium: A Celebration of Scholarship and Creative Achievement

Swarms of insects and similar species show signs of collective or emergent behaviors. We can analyze these behaviors thoroughly by looking at how the simulated properties are related to different formations of insect swarms. This work focuses on a newly developed computational model. Through incorporating random, but limited, perturbations in velocity direction, we can achieve a combination of stochastic and deterministic outputs. In addition to this new model, we look at the behaviors shown in older models including, but not limited to polarization, diffusion, rotational inertia, distribution of insects, etc. Furthermore, we examine how the use of random number generators …

Self-Compassion And Law Student Professional Identity Formation, Janice L. Craft

The Journal of Law Teaching and Learning

The American Bar Association’s Standards for Legal Education and Admissions to the Bar require law schools to provide students with “substantial opportunities” for “[t]he development of a professional identity.” The Standards do not require a particular curriculum or mode of instruction but offer two guideposts for legal educators: one, that “professional identity focuses on what it means to be a lawyer and the special obligations lawyers have to their clients and society,” and two, that professional formation “should involve an intentional exploration of the values, guiding principles, and well-being practices considered foundational to successful legal practice.” The guidance and concomitant …

Picturing The Professional Identity Of Law Professors, Barbara Glesner Fines

The Journal of Law Teaching and Learning

No abstract provided.

Teleopathy And The First-Year Law Student: The Challenges And Unhealthy Consequences Of An Unbalanced Pursuit Of A Valid Purpose, Jerome M. Organ

The Journal of Law Teaching and Learning

No abstract provided.

Democratic Lawyering: Upending The “Hidden Curriculum” To Prepare New Lawyers For A New World, Eduardo R.C. Capulong, Andrew King-Ries, Monte Mills

The Journal of Law Teaching and Learning

Multiple heightening crises reveal the deficiencies and contradictions of legal education, in particular the values it imparts. Perpetuating myths about U.S. democracy and rule of law, the enduring formalist, liberal legalist cast of law school is increasingly at odds with students’ lived experiences. As liberal democracy and the rule of law falter, no longer is relying on the “hidden curriculum” or the historically nebulous and mythical narratives of the law and our legal system sufficient to prepare tomorrow’s lawyers for the challenges faced by our profession. Instead, with a boost from ABA Standard 303, this article draws on the tradition …

Standard 303(B)(3) Meets Standard 303(C)(1): Laying The Foundation For Professional Identity Formation & Antiracism In Law Student Orientation Programming, Teri A. Mcmurtry-Chubb

The Journal of Law Teaching and Learning

No abstract provided.

Curative Identity Formation Themes To Counteract Law School’S Hidden Curriculum, Aric K. Short

The Journal of Law Teaching and Learning

No abstract provided.

M. Ed. In Teacher Leadership Portfolio, Elizabeth Hemmons

Master of Education in Teacher Leadership Portfolios

No abstract provided.