Digital Commons Network^™

Dignity And The Eighth Amendment: A New Approach To Challenging Solitary Confinement, Laura L. Rovner

Sturm College of Law: Faculty Scholarship

The use of solitary confinement in U.S. prisons and jails has come under increasing scrutiny. Over the past few months, Supreme Court Justice Anthony Kennedy all but invited constitutional challenges to the use of solitary confinement, while President Obama asked, “Do we really think it makes sense to lock so many people alone in tiny cells for 23 hours a day for months, sometime for years at a time?” Even some of the most notorious prisons and jails, including California’s Pelican Bay State Prison and New York’s Rikers Island, are reforming their use of solitary confinement because of successful litigation …

Free Speech And Democracy In The Video Age, Justin F. Marceau, Alan K. Chen

Sturm College of Law: Faculty Scholarship

The pervasiveness of digital video image capture by large segments of the public has produced a wide range of interesting social challenges, but also presents provocative new opportunities for free speech, transparency, and the promotion of democracy. The opportunity to gather and disseminate images, facilitated by the reduced expense and easy access to camera phones and other hand-held recording devices, decentralizes political power in transformative ways. But other uses of this technology represent potentially significant intrusions on property rights and personal privacy. This tension creates a substantial dilemma for policymakers and theorists who care about both free speech and privacy. …

Foia, Inc., Margaret B. Kwoka

Sturm College of Law: Faculty Scholarship

Government transparency is imagined as a public good necessary to a robust democracy. Consistent with that vision, Congress enacted the Freedom of Information Act (FOIA) to allow oversight and accountability of governmental activities, imagining the prime intended users to be journalists. But this democracy-enhancing ideal is at odds with FOIA’s reality: at some agencies, commercial—not public—interests dominate the landscape of FOIA requesters.

This Article provides the first in-depth academic study of the commercial use of FOIA, drawing on original datasets from six federal agencies. It documents how corporations, in pursuit of private profit, have overrun FOIA’s supremely inexpensive processes and, …

Architectural Exclusion: Discrimination And Segregation Through Physical Design Of The Built Environment, Sarah Schindler

Sturm College of Law: Faculty Scholarship

The built environment is characterized by man-made physical features that make it difficult for certain individuals—often poor people and people of color—to access certain places. Bridges were designed to be so low that buses could not pass under them in order to prevent people of color from accessing a public beach. Walls, fences, and highways separate historically white neighborhoods from historically black ones. Wealthy communities have declined to be served by public transit so as to make it difficult for individuals from poorer areas to access their neighborhoods.

Although the law has addressed the exclusionary impacts of racially restrictive covenants …

"Teaching" Formation Of Professional Identity, David I.C. Thomson

Sturm College of Law: Faculty Scholarship

This Article is my attempt to provide a guide to what professional identity formation is—as distinct from more familiar concepts of professionalism and ethics—and what legal educators are doing, and could do in the future, to foster this sort of professional formation in their courses and curricula. In Part I, I offer some background and history of the topic, which supports a new definition provided in the Article for lawyer professional identity formation. I describe in Part II what some schools are doing to “teach” formation of professional identity and argue that those efforts have some significant limitations. I argue …

Domestic Violence And The Confrontation Clause: The Case For A Prompt Post-Arrest Confrontation Hearing, Robert M. Hardaway

Sturm College of Law: Faculty Scholarship

Part I and Part II of this article discuss the consequences of Crawford v. Washington for domestic violence victims and detail the problem of domestic violence in America, including the current prosecution strategies and challenges in domestic violence cases. Part III reviews the evolution of confrontation law jurisprudence. Part IV sets forth a proposed Crawford-compliant procedure that also protects domestic violence victims. Part V addresses anticipated objections to the prompt-post arrest confrontation hearing.

Copyright Term And The Public Domain In The United States, Peter Hirtle

A repository of copyright educational resources for higher education

A useful chart detailing when specific types of works fall in the public domain. Also includes a bibliography with links to additional resources.

Effects Of Light And Water Availability On The Performance Of Hemlock Woolly Adelgid (Hemiptera: Adelgidae), Mauri Hickin, Evan L. Preisser

Biological Sciences Faculty Publications

Eastern hemlock (Tsuga canadensis (L.) Carriere) is a dominant shade-tolerant tree in northeastern United States that has been declining since the arrival of the hemlock woolly adelgid (Adelges tsugae Annand). Determining where A. tsugae settles under different abiotic conditions is important in understanding the insect’s expansion. Resource availability such as light and water can affect herbivore selectivity and damage. We examined how A. tsugae settlement and survival were affected by differences in light intensity and water availability, and how adelgid affected tree performance growing in these different abiotic treatments. In a greenhouse at the University of Rhode Island, …

Valuation Of Expectations: A Hedonic Study Of Shale Gas Development And New York's Moratorium, Andrew Boslett, Todd Guilfoos, Corey Lang

Environmental and Natural Resource Economics Faculty Publications

This paper examines the local impacts of shale gas development (SGD). We use a hedonic framework and exploit a discrete change in expectations about SGD caused by the New York State moratorium on hydraulic fracturing. Our research design combines difference-in-differences and border discontinuity, as well as underlying shale geology, on properties in Pennsylvania and New York. Results suggest that New York properties that were most likely to experience both the financial benefits and environmental consequences of SGD dropped in value 23% as a result of the moratorium, which under certain assumptions indicates a large and positive net valuation of SGD.

Perceived Effectiveness Of Fitness Trackers Among Adults, Kenyon Findley

Current Issues in Health

With the technological boom there have been numerous innovating pieces that have added to American’s quality of life. Fitness tracking devices are one of these items. While many believe they are inaccurate, the dedicated users of this study find them to be quite accurate and effective. They have compared their devices to others in their fitness classes, to the mileage markers along walking paths and even to the mileage tracking mechanism of the treadmill. It has been determined that fitness devices may be helpful for anyone interested, however the effectiveness is largely determined by the goals and action plan set …

Are We There Yet?: Aligning The Expectations And Realities Of Gaining Competency In Legal Writing, Sherri Lee Keene

Duquesne Law Review

No abstract provided.

Recognition Of Environmental Rights For Pennsylvania Citizens: A Tribute To Chief Justice Castille, John C. Dernbach, Marc Prokopchak

Duquesne Law Review

No abstract provided.

Beyond Edmunds: The State Constitutional Legacy Of Chief Justice Ronald D. Castille, Bruce Ledewitz

Duquesne Law Review

No abstract provided.

The Siren's Song Of A Trickle-Down Bureaucracy: The Transport Rule, The Problem Of Air Contamination Crossing State Lines, And The Epa Crossing Its Line, Emma E. Schoedel

Duquesne Law Review

No abstract provided.

Strengthening The Resiliency Of Dryland Forest-Based Livelihoods In Ethiopia And South Sudan: A Review Of Literature On The Interaction Between Dryland Forests, Livelihoods And Forest Governance, Steven Lawry, Rebecca J. Mclain, Habtemariam Kassa

Institute for Sustainable Solutions Publications and Presentations

Dry forests account for nearly half of the world’s tropical and subtropical forests and provide a multitude of ecological services. They contribute to hydrological cycles and livestock and wildlife provisioning; and host pollinators and wild plants. They are also important ecological zones for dryland agriculture and pastoral livelihood strategies that support hundreds of millions of people around the world. Dry forests cover large areas and their biomass stores carbon and helps mitigate climate change. Dry forests are particularly important to people in Africa. They provide wood for construction and energy, contribute to local diets with wild fruits, vegetables, nuts, edible …

An Action Plan For Implementing The Principles For Responsible Management Education In College Of Business Programme Learning Outcomes, Maeve O'Connell, Lorraine Sweeney

Teaching Fellowships

Recent corporate scandals have resulted in criticism of business schools for graduating students who put too much emphasis on shareholder value and profit maximisation but neglect the broader social and environmental context in which businesses operate. This research fellowship set out to review current literature of ethics education in third level universities and institutions to determine best practice in the area. It also set out to review the reports of the signatories of PRME (Principals for Responsible Management Education) to develop an understanding of the range of options available to the College of Business to embed principles for responsible management …

Communication In Cyberspace, Nancy Leong, Joanne Morando

Sturm College of Law: Faculty Scholarship

This Article examines a problem in cybercrime law that is both persistent and pervasive. What counts as “communication” on the Internet? Defining the term is particularly important for crimes such as cyberstalking, cyberharassment, and cyberbullying, where most statutes require a showing that the alleged perpetrator “communicated” with the victim or impose a similar requirement through slightly different language.

This Article takes up the important task of defining communication. As a foundation to our discussion, we provide the first comprehensive survey of state statutes and case law relating to cyberstalking, cyberharassment, and cyberbullying. We then examine the realities of the way …

Remember Not To Forget Furman: A Response To Professor Smith, Sam Kamin, Justin F. Marceau

Sturm College of Law: Faculty Scholarship

Professor Robert J. Smith encourages readers, lawyers, and courts to forget Furman v. Georgia and to focus instead on death penalty challenges grounded in the diminished culpability of nearly all capital defendants. We applaud Professor Smith’s call to focus on the mental and emotional characteristics that reduce the blameworthiness of so many of those charged with capital crimes; recognizing diminished culpability as the rule rather than the exception among capital defendants conveys a reality that rarely finds its way into reported cases. We are troubled, however, by Professor Smith’s call to “forget Furman.” We believe the title and the …

The Battle Of The Bulge: The Surprising Last Stand Against State Marijuana Legalization, Sam Kamin

Sturm College of Law: Faculty Scholarship

Although marijuana possession remains a federal crime, twenty-three states now allow use of marijuana for medical purposes and four states have adopted tax-and-regulate policies permitting use and possession by those twenty-one and over. In this article, I examine recent developments regarding marijuana regulation. I show that the Obama administration, after initially sending mixed signals, has taken several steps indicating an increasingly accepting position toward marijuana law reform in states; however the current situation regarding the dual legal status of marijuana is at best an unstable equilibrium. I also focus on what might be deemed the last stand of marijuana-legalization opponents, …

Trademark Laundering, Useless Patents, And Other Ip Challenges For The Marijuana Industry, Sam Kamin, Viva Moffat

Sturm College of Law: Faculty Scholarship

Marijuana law is changing rapidly in the United States today – since 1996, 23 states and the District of Columbia have legalized medical marijuana and five jurisdictions have made marijuana legal for all adults. Because marijuana remains a prohibited substance under federal law, however, the states are significantly limited in their ability to control marijuana policy within their borders. For example, because banking is regulated by the federal government, state-licensed marijuana businesses cannot gain full access to banking services; because bankruptcy is a federal benefit, it is unavailable to those involved in the business of violating federal law.

This article …

2015-2016 Catalog, Wku Graduate School

Graduate School

Graduate School catalog regarding admissions, curriculum and policies.

Border Songs: Supporting Transnational Freedoms?, Elsa Goossen

Gateway Prize for Excellent Writing

No abstract provided.

What, If Anything, Is Colored?: Color Perceptions - Color Judgments - Without Color, Olivia Ziegler

Philosophy Honors Papers

No abstract provided.

Rape Culture In Ancient Rome, Molly Ashmore

Classics Honors Papers

No abstract provided.

A World Of Information At Their Fingertips: College Students' Motivations And Practices In Their Self-Determined Information Seeking, Louis S. Nadelson, Ryan Cain, M. Cromwell, J. Edgington, Joseph S. Furse, A. Hofmannova, E. Lund, J. Matyi, S. Morris, C. Sais, T. Xie

Applied Sciences, Technology, and Education Student Research

People frequently engage in the process of “heutagogy” (i.e., self-determined learning). Unlike pedagogy and andragogy, heutagogy occurs without a structure or leader setting the context and directing the learning toward a specific goal. The lack of structure and the possible self-determination of topic, value, source, and trust in information led us to wonder about the motivations, goals, and processes considered by college students as they engage in self-determined learning. We conducted a survey with 83 American college students regarding their information-seeking preferences and behaviors. Some students reported accessing different media depending on what information they were seeking, while others sought …

Adams County History 2015

Adams County History

No abstract provided.

A Slice Of Northern Michigan University's History: The Remarkable Story Of The Origins And Early Development Of Nmu's Cutting-Edge Archives And Records Management System, 1966-1994 (Revised Title, 2017), Clifford F. Maier

Books

No abstract provided.

Moishe Postone And The Critique Of Traditional Marxism: Helplessness And The Present Moment Of The Great Acceleration, Alexander M. Stoner, Andony Melathopoulos

Book Sections/Chapters

This chapter situates Moishe Postone's critique of traditional Marxism in relation to the present moment of the Great Acceleration. We engage a close reading of Postone reinterpretation of Marx's mature theory of capital with specific focus on the linkage between economic growth and ecological degradation, and how this linkage is necessary connected to social domination in modern capitalist society. Postone's Marxian theory is significant because, as we demonstrate, it allows one to grasp societally induced environmental degradation following WWII in a critical and reflexive manner. The chapter concludes by discussing the growing sense of helplessness that defines the present moment …

Georg Lukács (1885-1971) And The Critique Of Reification: On The Dialectical Genesis Of The Great Acceleration, Alexander M. Stoner, Andony Melathopoulos

Book Sections/Chapters

This chapter situates Lukács' critique of reification (1923) in relation to the emergence of the Great Acceleration. We develop Lukács' critique through the issue of the increasing rationalization of industrial and administrative work in the early twentieth century. In do so, we show how Lukács is able to relocate the continued relevance of Marx's insights with respect to the deeper structure of capitalist society in his consideration of the differential manner in which proletariat and bourgeois class consciousness approach the problem of social contradictions. We then discuss how, for Lukács, the overcoming of reification (or the failure to do so) …

Children's Rights In The Midst Of Marriage Equality: Amicus Brief In Obergefell V. Hodges By Scholars Of The Constitutional Rights Of Children, Tanya Washington, Susannah Pollvogt, Catherine Smith, Lauren Fontana

Scholarly Articles

Many scholars have called for the acknowledgement and treatment of children's rights as constitutionally protected and enforceable, and Supreme Court precedent establishes that the government may not punish children for matters beyond children's control. Same-sex marriage bans and non-recognition laws, which are collectively referred to as marriage bans, impose prohibited punishment on children for being born into, or parented by, same-sex families. States argue that marriage is the optimal familial environment for children, yet marriage bans categorically exclude an entire class of children -- children in same-sex families -- from the legal, economic, and social benefits of marriage. In response …