Open Access. Powered by Scholars. Published by Universities.®

Digital Commons Network

Open Access. Powered by Scholars. Published by Universities.®

Discipline
Institution
Keyword
Publication Year
Publication
Publication Type
File Type

Articles 31711 - 31740 of 1183391

Full-Text Articles in Entire DC Network

Will The Real F.A. Hayek Please Stand Up!, Eric Mack May 2025

Will The Real F.A. Hayek Please Stand Up!, Eric Mack

The Journal of Contemporary Legal Issues

In this essay, I will argue that neither of these two presentations of Hayek represent the real Hayek. In Part II of this essay, I criticize Koppelman’s contention that there is little distance, if any, between Hayek’s stance on distributive justice and Rawls’s difference principle. In Part III of this essay, I dispute Koppelman’s claim that Hayek is quite receptive to the development and expansion of the regulatory-administrative state. Each of these stances is rejected by Hayek for the same sorts of reasons that stand behind his rejection of central economic planning. Hayek’s critique of central economic planning, his rejection …


Freedom From Libertarianism, Joseph Fishkin May 2025

Freedom From Libertarianism, Joseph Fishkin

The Journal of Contemporary Legal Issues

Andrew Koppelman’s new book Burning Down the House is a guide to some of the late stages of the libertarian collapse. It’s a book whose many virtues include its clear and simple prose style. As a result of that style, and its generally straightforward exposition, I think this book will be of real use to many people, perhaps especially to free-thinking former libertarians who are engaged in a project of self-deprogramming. The book makes a nice holiday gift to the former libertarian or wavering libertarian in your life who would like to learn more about the arc of how it …


Notes From A Serf, Rachel Lu May 2025

Notes From A Serf, Rachel Lu

The Journal of Contemporary Legal Issues

F. A. Hayek would have hated Obamacare. This must be distinctly understood, or nothing wonderful can come of the argument I am going to relate.


Fusionism, Not Libertarianism, Burned Down The House, Kevin Vallier May 2025

Fusionism, Not Libertarianism, Burned Down The House, Kevin Vallier

The Journal of Contemporary Legal Issues

In Burning Down the House, Andrew Koppelman has two goals: one philosophical and one sociological. The philosophical goal is to separate the wheat from the chaff in libertarian thought. Koppelman embraces the merits of F. A. Hayek’s arguments for markets. But he stridently rejects the radical libertarianism of Murray Rothbard, Robert Nozick, and Ayn Rand. The radicals are out, and the moderates are in. Hayek must increase, and Rothbard must decrease.

The sociological thesis is that radical libertarian ideology significantly influences the modern GOP and American conservatism. Koppelman sees the pathologies of the contemporary right as drawing from the …


Burning Questions: A Response To Fishkin, Long, Lu, Mack, And Vallier, Andrew Koppelman May 2025

Burning Questions: A Response To Fishkin, Long, Lu, Mack, And Vallier, Andrew Koppelman

The Journal of Contemporary Legal Issues

I’m indebted to Larry Alexander and Steve Smith for organizing this conference, and to Joseph Fishkin, Roderick Long, Rachel Lu, Eric Mack, and Kevin Vallier for their thoughtful responses to my book, Burning Down the House: How Libertarian Philosophy Was Corrupted by Delusion and Greed. When San Diego organized this conference, I gave them the names of the people whom I was most eager to engage with, scholars I admire despite some deep disagreements. They have forced me to sharpen my own views. I am very lucky.


Response To Six Interlocuters On The Topic Of Neuroscience And Responsibility, Michael S. Moore May 2025

Response To Six Interlocuters On The Topic Of Neuroscience And Responsibility, Michael S. Moore

The Journal of Contemporary Legal Issues

I am very pleased to be afforded the opportunity to respond to the edited and revised versions of the six papers that were discussed at the Rutgers Symposium in honor of my recent book. Each of these six papers raise excellent points that can serve as the springboard for deeper exploration of some of the salient issues raised in my book, and it is my aim in this response to take advantage of that opportunity. I am quite appreciative for the spur to intellectual progress that these papers and this symposium represents. By-and-large scholarship is a solitary enterprise but occasions …


The Fundamental Right To Polygynous Marriage, Ronald C. Den Otter May 2025

The Fundamental Right To Polygynous Marriage, Ronald C. Den Otter

The Journal of Contemporary Legal Issues

This Article is about why the argument in favor of a constitutional right to polygynous marriage, predicated on the importance of personal autonomy, is considerably stronger than the sex equality arguments against it. For the most part, legal scholars have arrived late on the scene, not treating the topic with the kind of care that it deserves. Instead of relying upon equal protection analysis, I shall engage in a fundamental rights critique of opposition to polygynous marriage. In doing so, I will discuss two considerations that remain central to such analysis: the value of autonomy (understood as personal choice in …


Hermeneutic Theory And The Priority Of Constitutional Meaning, Tyler S. Moore May 2025

Hermeneutic Theory And The Priority Of Constitutional Meaning, Tyler S. Moore

The Journal of Contemporary Legal Issues

Can the understanding of a law be separated from its application? Despite the increasing convergence between schools of constitutional interpretation in the United States, this question remains central. One the one side are so-called “new originalists” for whom the distinction between understanding and application (or “interpretation” and “construction” as they call it) is necessary to separate a more objective step in the interpretive process from a more subjective one. On the other are “living constitutionalists,” many of whom suggest that defining a neat boundary between these two stages is impossible. When judges decide cases, they do not (and perhaps cannot) …


Considering The Ethics Of Conserving American Art: White Nationalism And The Evolving Meanings Of Nineteenth-Century Genre And Landscape Painting, Evan M. Crocker May 2025

Considering The Ethics Of Conserving American Art: White Nationalism And The Evolving Meanings Of Nineteenth-Century Genre And Landscape Painting, Evan M. Crocker

LSU Master's Theses

This thesis analyzes the stylistic and conceptual qualities of American genre and landscape painting from the antebellum period and how these qualities acted in service to establishing white nationalism before the Civil War. The intricate and calculated system of typing in genre painting presented carefully crafted idealizations of quintessential Americans, defined by their whiteness and maleness. Landscape painters of the early- to mid-nineteenth century endowed their compositions with a sense of wondrous opportunity which justified and upheld westward expansion under Manifest Destiny. At the intersection of genre and landscape practices sits plantation paintings—specifically house portraits—in which the plantation serves as …


Granite Staters Oppose Trump's Foreign Policy Choices, Divided On Several State Bills 5/29/2025, Unh Survey Center May 2025

Granite Staters Oppose Trump's Foreign Policy Choices, Divided On Several State Bills 5/29/2025, Unh Survey Center

All UNH Survey Center Polls

Approval of President Trump's job performance has declined slightly among Granite Staters since his inauguration. On foreign policy, most New Hampshire residents think Trump's plan to accept a jet from Qatar is inappropriate. Nearly half of state residents feel the U.S. should support Ukraine more and help them retake lost territory even if it prolongs their war with Russia. On state issues, about half of residents approve of Governor Kelly Ayotte's performance and housing remains by far the most important problem facing the state. Granite Staters support legislation aiming to ban cell phone use by students during instruction time but …


Rhode Islanders Not Happy With Governor Mckee Or President Trump 5/29/2025, Unh Survey Center May 2025

Rhode Islanders Not Happy With Governor Mckee Or President Trump 5/29/2025, Unh Survey Center

All UNH Survey Center Polls

Approval of President Donald Trump remains low in Rhode Island. Approval of Governor Dan McKee has reached an all-time low in the state, as majorities of Republicans, Independents, and Democrats disapprove. Few believe McKee deserves re-election. Rhode Islanders express some interest in 2022 gubernatorial candidate Helena Foulkes running for governor in 2026, but there is less enthusiasm for former Republican gubernatorial nominee Ashley Kalus or former governor Gina Raimondo to run. In contrast to McKee, a majority of Rhode Islanders believe Senator Jack Reed deserves to be re-elected.


Runx2 Is Essential For Maintaining Synchondrosis Chondrocytes And Cranial Base Growth, Shawn A Hallett, Ashley Dixon, Isabella Marrale, Lena Batoon, José Brenes, Annabelle Zhou, Ariel Arbiv, Vesa Kaartinen, Benjamin Allen, Wanida Ono, Renny T Franceschi, Noriaki Ono May 2025

Runx2 Is Essential For Maintaining Synchondrosis Chondrocytes And Cranial Base Growth, Shawn A Hallett, Ashley Dixon, Isabella Marrale, Lena Batoon, José Brenes, Annabelle Zhou, Ariel Arbiv, Vesa Kaartinen, Benjamin Allen, Wanida Ono, Renny T Franceschi, Noriaki Ono

Faculty, Staff and Student Publications

The cranial base synchondroses, comprised of opposite-facing bidirectional chondrocyte layers, drive anteroposterior cranial base growth. In humans, RUNX2 haploinsufficiency causes cleidocranial dysplasia associated with deficient midfacial growth. However, how RUNX2 regulates chondrocytes in the cranial base synchondroses remains unknown. To address this, we inactivated Runx2 in postnatal synchondrosis chondrocytes using a tamoxifen-inducible Fgfr3-creER (Fgfr3-Runx2cKO) mouse model. Fgfr3-Runx2cKO mice displayed skeletal dwarfism and reduced anteroposterior cranial base growth associated with premature synchondrosis ossification due to impaired chondrocyte proliferation, accelerated hypertrophy, apoptosis, and osteoclast-mediated cartilage resorption. Lineage tracing reveals that Runx2-deficient Fgfr3+ cells failed to differentiate into osteoblasts. Notably, Runx2-deficient chondrocytes showed …


Assessing Consumer Perceptions And Attitudes Towards Cultured Meat Using X (Twitter) Data: Implications For Decision Support, Guoste Pivoraite, Shaofeng Liu, Saeyeon Roh, Guoqing Zhao May 2025

Assessing Consumer Perceptions And Attitudes Towards Cultured Meat Using X (Twitter) Data: Implications For Decision Support, Guoste Pivoraite, Shaofeng Liu, Saeyeon Roh, Guoqing Zhao

Plymouth Business School

Cultured meat (CM) is considered to have a potential to address environmental, sustainability, ethical concerns, and food security, however, consumer acceptance remains a challenge. This study empirically validatesand extends the Cultured Meat Attitude and Perception Assessment (CAPA) model by analysing public discussions on X (Twitter) to understand consumer perceptions of CM. Using BERTopic for topic modelling and qualitative analysis, the study explored unprompted public narratives, mapping them to CAPA constructs to examine how public opinions align with or challenge existing theoretical concepts. The findings revealed a combination of cultural, political, ethical, and economic narratives shaping consumer behaviour and theirdecision-making processes …


A Quantitative And Qualitative Analysis Of The Workplace Challenges Experienced By Women, Ahmed Mohammed Almousa May 2025

A Quantitative And Qualitative Analysis Of The Workplace Challenges Experienced By Women, Ahmed Mohammed Almousa

Dissertations and Theses

This dissertation explores the persistent workplace challenges experienced by women through three interrelated studies using both quantitative and qualitative methods. Despite decades of progress, women continue to face structural barriers, sexual harassment, gender discrimination, and emotional labor demands that shape their professional experiences.

The first study analyzes GSS data to examine the impact of the #MeToo movement on self-reports of sexual harassment and gender discrimination. Results show an increase in reporting sexual harassment among White men and Women of color. With respect to men of color and white women, the results were not significant or did not show an increase. …


The Failure Of The Annan Plan And Suggestions For Peace In Cyprus, Haley Grace Morrow May 2025

The Failure Of The Annan Plan And Suggestions For Peace In Cyprus, Haley Grace Morrow

Dissertations and Theses

The following study explicates the conflict in Cyprus between the Greek Cypriots and the Turkish Cypriots. The conflict began around 70 years ago and came to its height in the 1970s when a Greek coup occurred, and subsequently, Turkey invaded the northern part of the island. This drove the two parties apart physically and mentally. The Annan Plan, a UN peace plan in 2004, attempted to bring peace to the island by reunifying the two parties into a bi-communal federation. However, this plan failed as the Greek Cypriots voted against it. The failure of the plan was primarily due to …


Navigating Sovereignty And Human Rights: A Legal Analysis Of Palestinian Detention Under Israeli Jurisdiction In Comparison To International Law, Amani Nidal Odeh May 2025

Navigating Sovereignty And Human Rights: A Legal Analysis Of Palestinian Detention Under Israeli Jurisdiction In Comparison To International Law, Amani Nidal Odeh

Dissertations and Theses

This thesis examines whether Israeli detention practices of Palestinians conform to or contravene Israeli domestic legislation and international legal standards using a doctrinal legal analysis. This thesis evaluates six key areas through four hypotheses: the detention of minors, geographic disparities (particularly Gaza), administrative detention procedures, the use of military courts, due process violations, and detention conditions. While Israeli domestic law formally authorizes these practices, the analysis finds they routinely violate crucial international legal norms, including the ICCPR, CRC, CAT, and the Fourth Geneva Convention. The use of secret evidence, prolonged administrative detention without trial, and discriminatory legal frameworks undermines the …


Massachusetts Residents Back Harvard In Fight With Trump, Unsure On Healey And Markey Re-Elections 5/29/2025, Unh Survey Center May 2025

Massachusetts Residents Back Harvard In Fight With Trump, Unsure On Healey And Markey Re-Elections 5/29/2025, Unh Survey Center

All UNH Survey Center Polls

Only about one-third of Massachusetts residents approve of President Donald Trump's handling of the economy, foreign policy, and his overall job performance. Majorities of Bay Staters say that the U.S. is not doing enough to back Ukraine and that it is inappropriate for Trump to accept a jet from Qatar. Six in ten Massachusetts residents disapprove of the Trump administration's treatment of Harvard University. Half of Bay Staters approve of Massachusetts Governor Maura Healey's performance and residents are about evenly divided on whether she deserves to be re-elected. Residents are less likely to say that Massachusetts Senator Ed Markey deserves …


Avoiding The Thin Veneer Of Legality; Structural And Institutional Factors Impacting Judicial Scrutiny In A National Security Context, Seán Looney May 2025

Avoiding The Thin Veneer Of Legality; Structural And Institutional Factors Impacting Judicial Scrutiny In A National Security Context, Seán Looney

School of Law, Humanities and Social Sciences

Discussions surrounding the role of judicial oversight in the national security context often revolve around discussions of appropriate standards of review and levels of deference for judges to take. While answering these doctrinal questions remains essential, the question of whether there are non-doctrinal factors which may influence how judges review executive action is relatively understudied. This article uses the so-called double-lock authorisation mechanism under the Investigatory Powers Act 2016 to show how structural and institutional factors may influence judicial decision-making in a national security context. These factors are not universal rather they are specific to the oversight mechanism in question. …


Leveraging Artificial Intelligence (Ai) To Strengthen Mtss Within Catholic Schools, Kaitlin Reichart, Adam B. Lockwood, Jessica Pizzute May 2025

Leveraging Artificial Intelligence (Ai) To Strengthen Mtss Within Catholic Schools, Kaitlin Reichart, Adam B. Lockwood, Jessica Pizzute

Education: School of Education Faculty Publications and Other Works

Many Catholic schools face resource challenges that result in limitations surrounding the implementation of multi-tiered systems and support (MTSS). Artificial Intelligence (AI) offers a potential tool for Catholic schools to strengthen systems of support. This article explores how AI can strengthen core components of MTSS such as identifying evidence-based interventions, developing progress monitoring tools, analyzing student data, and facilitating personalized instruction. The article also outlines different AI tools available to schools and discusses potential benefits and challenges of leveraging AI within Catholic schools. Future researchers should consider evaluating and analyzing implementation of AI tools within MTSS, specifically how AI tools …


Majority Approve Of Gov Lamont In Ct But Residents Divided On Re-Election; Trump Remains Unpopular 5/29/2025, Unh Survey Center May 2025

Majority Approve Of Gov Lamont In Ct But Residents Divided On Re-Election; Trump Remains Unpopular 5/29/2025, Unh Survey Center

All UNH Survey Center Polls

Connecticut residents continue to disapprove of President Donald Trump's overall job performance and approval of his handling of the economy has fallen since March. Most state residents disapprove of Trump's plan to accept a jet from Qatar and half think the U.S. is not aiding Ukraine sufficiently in their war with Russia. A majority approve of Governor Ned Lamont's job performance, but Connecticut residents are divided on whether he should run for governor again or whether he deserves re-election. Residents cite taxes and the cost of living as the two most important problems facing the state, while majorities support bills …


A Delicate Balance: Securing Constitutional Rights Against The Nation’S Most Valuable National Security Tool, Mikayla A. Burton May 2025

A Delicate Balance: Securing Constitutional Rights Against The Nation’S Most Valuable National Security Tool, Mikayla A. Burton

Liberty University Law Review

Imagine a United States without the Fourth Amendment. The People have no protection against warrantless searches of their homes, belongings, or communications, and the government may invade the privacy of whomever or whatever at its pleasure. This is the exact situation the Founding Fathers designed the Fourth Amendment to protect against. Imagine instead a United States with the Fourth Amendment. The People have protection against warrantless searches of their homes, belongings, and communications, and the government may not invade the privacy of whomever or whatever at its pleasure. But then imagine that these protections are disrupted—jeopardized. Congress passes an act …


Lost Fatherhood: Including Fathers In The Post-Dobbs Abortion Debate, Linda L. Schlueter May 2025

Lost Fatherhood: Including Fathers In The Post-Dobbs Abortion Debate, Linda L. Schlueter

Liberty University Law Review

Scientific studies over the last five decades show the negative impact an abortion can have on the men who fathered the aborted children. These studies demonstrate that those men—even if they supported the woman’s decision to have an abortion—can experience a variety of psychological problems including depression, anger, hopelessness, helplessness, broken or damaged relationships, feelings of emasculation, and loneliness. Despite these compelling studies, little or no real attention is given to involving men in the legal debate regarding abortion. The abortion debate presents a legal Rubik’s Cube of thorny issues that can affect the mother, the father, and the unborn …


United States V. Skrmetti: The Supreme Court’S Opportunity To Protect Minors By Choosing Biological Reality Over Gender Ideology, Rena M. Lindevaldsen May 2025

United States V. Skrmetti: The Supreme Court’S Opportunity To Protect Minors By Choosing Biological Reality Over Gender Ideology, Rena M. Lindevaldsen

Liberty University Law Review

“Did God really say?” That’s the question the serpent asked Eve in the garden, as she was tempted to turn from the Truth that God had told her about the consequences of eating the fruit from the one specific tree. She and Adam learned that God really did mean what He said. By rejecting God’s wisdom and instruction, they caused sin to enter the world. The same question forms the foundation of the transgender rights movement: did God, who created mankind in His image, really say that He created them male and female? In today’s culture, when a gender-confused child …


Table Of Contents May 2025

Table Of Contents

Liberty University Law Review

No abstract provided.


Flowing Cleanly: The Proper Roles Of The Courts And The Ftc In The Information Marketplace Of Advertising, Kateri J. Son May 2025

Flowing Cleanly: The Proper Roles Of The Courts And The Ftc In The Information Marketplace Of Advertising, Kateri J. Son

Journal of the National Association of Administrative Law Judiciary

After an introduction in Section I, Section II of this article will present the history of the commercial speech doctrine, illustrating the rules courts use to evaluate whether the FTC’s actions were constitutional. Section III will explain how the FTC combats deception and will describe the choice of remedies the FTC has available. Section IV will present and evaluate three potential solutions to the conflict between the courts and the FTC on First Amendment issues that courts have implemented. Finally, Section V argues that conflict between the two entities is inevitable, and therefore the middle approach is the best solution …


Facial Recognition Technology: The Case For Comprehensive Federal Oversight, Christopher Hart May 2025

Facial Recognition Technology: The Case For Comprehensive Federal Oversight, Christopher Hart

Journal of the National Association of Administrative Law Judiciary

This article will argue that regulations for government agency use of FRT should be stringent and limit the exploitation of personal biodata in the private sector. Instead of creating a new agency, Congress could expand an existing agency’s responsibility by granting it regulatory power over facial recognition technology. First, this article will seek to delineate the contours of facial recognition technology and its contemporary application within the United States. Then, this article will analyze the intricacies of FRT in both the public and private sectors. Within the public domain, specific attention will be devoted to discussing the use of FRT …


Foia And The Use Of Ai In Government: Freedom Of Information Or An Empty Promise Of Openness?, Ronald L. Capaldi May 2025

Foia And The Use Of Ai In Government: Freedom Of Information Or An Empty Promise Of Openness?, Ronald L. Capaldi

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Discussing The Unconstitutionality Of The Dual Sovereign Doctrine, Kaden Collorafi May 2025

Discussing The Unconstitutionality Of The Dual Sovereign Doctrine, Kaden Collorafi

NSU Undergraduate Law Journal

This paper critically examines the United States Supreme Court’s long-standing endorsement of the Dual Sovereignty Doctrine, which permits successive prosecutions by both state and federal governments for the same underlying conduct. Rooted in dicta from Moore v. Illinois and formally adopted in United States v. Lanza, the doctrine, in the author’s opinion, has repeatedly undermined the Double Jeopardy Clause of the Fifth Amendment. Despite the incorporation of this clause to the states through the Fourteenth Amendment in Benton v. Maryland, the Court has maintained the doctrine on grounds of judicial practicality and sovereign independence.

Through an in-depth review …


Prison To College Pipeline Program, Patrick E. Alexander, Otis W. Pickett May 2025

Prison To College Pipeline Program, Patrick E. Alexander, Otis W. Pickett

Prison-to-College Pipeline Program Publications (Open Access)

The Prison to College Pipeline Program was founded in 2014 by Dr. Patrick E. Alexander and Dr. Otis W. Pickett. Through prior research and teaching experiences (in prison and at universities), they understood the profound role that student-centered prison education has played not only in reducing recidivism, but also in positively transforming isolated prison environments and the post-imprisonment outlooks and outcomes of imprisoned students. This report documents their efforts to bring literature and history courses to the Mississippi State Penitentiary at Parchman and the Central Mississippi Correctional Facility.


Agent-Based Modeling: Introduction And Actuarial Applications, Rick Gorvett May 2025

Agent-Based Modeling: Introduction And Actuarial Applications, Rick Gorvett

Mathematics and Economics Faculty Working Papers

Agent-based modeling (ABM) has become an important and valued approach to modeling complex systems. In this paper, I advocate for actuaries to recognize the complex systems-nature of socioeconomic and risk processes and for ABM models to become a regular resource in our actuarial toolkits. These models allow for the observation of potential macro-behavior emerging from the underlying agent-level micro-activity and characteristics. Therefore, ABM models can provide significant insight into the quantification of risk and the identification of optimal strategies. This paper is an introduction and guide to ABM models, and it includes several case studies to illustrate their utility.