Digital Commons Network^™

Deadly Choices: Political, Legal, And Moral Understandings Of U.S. Supreme Court Death Penalty Decisions, Anabelle S. Bergstrom

University Scholar Projects

This thesis explores the political, legal, and moral factors that influence Supreme Court justices when penning capital punishment decisions. It also examines the evolution of thinking toward the death penalty by former justices John Paul Stevens and Harry Blackmun throughout their tenure on the Court. Cases are analyzed through fact-pattern analysis and the jurisprudential regime theory, which quantitatively build upon existing literature detailing the theoretical background of judicial decision-making through the attitudinal model. An analysis of Justices Blackmun and Stevens’ papers at the Library of Congress focuses on rhetoric that reflects utilitarian and retributive theories of punishment. Findings show that …

Reconstructing Art And Evidence: Forensic Architecture In Institutional Settings, Makenzie Smith

University Scholar Projects

Forensic Architecture (FA) is a London-based multidisciplinary research collective and human rights agency that uses digital modeling, architectural and spatial analysis, and open-sourced images to investigate and present visual evidence of human rights violations committed by state governments, militaries, and corporations. The team of architects, software developers, filmmakers, investigative journalists, scientists, and lawyers, collaborates with civil society groups, witnesses, and victims to establish a counternarrative in the service of human rights and social justice, exhibiting their investigations in institutional settings as varied as legal courts and parliamentary tribunals, citizen assemblies, mass media, universities, and art museums. My research focuses on …

Situated Learning Within A Transition Program For Youth With Intellectual And Developmental Disabilities, Hannah M. Drew

All Dissertations

Through a lens of situated learning through legitimate peripheral participation (Lave et al., 1991), findings from this study suggested design elements of a transition program supported language participation among youth with intellectual and developmental disabilities. Program stakeholders described ways in which a program afforded access to two distinct communities of practice, situated in authentic contexts in a workplace setting. Communities in a training room and in genuine internship experiences offered unique opportunities for youth to participate in socially situated practices to varying degrees. Using tools, including language, stakeholders described how youth engaged in contextualized language practices alongside community members. Perspectives …

Politics, Pedagogy, And Public Perception: A Shifting Understanding Of Liberalism In America, Jackson Trahant

Honors Theses

At Harding University, and in broader American political discourse, liberalism has been contorted from a prolific political philosophy into a meaningless misnomer. This paper studies what liberalism is to define what it isn't, by building a foundation of understanding in both modern theorists, like Sheldon Wolin, Alan Ryan, and Ian Adams, and the seminal works of classical liberal thinkers such as Locke, Tocqueville and Mill. Next, I deploy a self-designed survey, consisting of 4 passages derived from the literature written by those above. 80 Harding students responded, and their responses were gathered into SPSS, a data processing software, and ran …

Clemson Commencement Program, May 2025, Clemson University

Clemson Commencement Programs

No abstract provided.

A Primer On The Proximate Cause Requirement Of Plcaa’S Predicate Firearm Exception: Holding Firearm Manufacturers Liable For Third-Party Criminal Misuse Of Their Products, Hillel Y. Levin, Timothy D. Lytton

Buffalo Law Review

No abstract provided.

History And Constitutional Interpretation: What’S Really “There”?, Thomas C. Galligan Jr.

The University of New Hampshire Law Review

In recent years, under the moniker originalism, the United States Supreme Court has relied heavily upon history to delineate the scope and contour of various constitutional rights.[1] The Court’s justification for that approach is that defining the meaning of the Constitution according to its original or historical meaning limits a judge from engaging in unbridled discretion when deciding a case. The Court’s focus on history continued in its 2023 term. Justice Breyer has called the history-heavy analytical approach a “rigid history-only approach.”

For a number of reasons, the history-only approach is flawed and does not, in fact, limit judicial …

Can Consumers Protect Themselves Against Privacy Dark Patterns?, Matthew B. Kugler, Lior J. Strahilevitz, Marshini Chetty, Chirag Mahapatra, Yaretzi Ulloa

The University of New Hampshire Law Review

Dark patterns have emerged in the last few years as a major target of legislators and regulators. Dark patterns are online interfaces that manipulate, confuse, or trick consumers into purchasing goods or services that they do not want, or into surrendering personal information that they would prefer to keep private. As new laws and regulations to restrict dark patterns have emerged, skeptics have countered that motivated consumers can and will protect themselves against these manipulative interfaces, making government intervention unnecessary. This debate occurs alongside active legislative and regulatory discussion about whether to prohibit dark patterns in newly enacted comprehensive consumer …

Table Of Contents, Unh Law Review Editorial Board

The University of New Hampshire Law Review

No abstract provided.

Frontier Healthscapes: Competing Narratives Of Disease, Environment, And Wellbeing In Early Minnesota, Aidan Reynolds

Geography Honors Projects

Across settler societies, health narratives were shaped by evolving tensions between lay and expert knowledge, frameworks of disease causation, and perceptions of the environment as both a source of health and a threat. In the decades following Euro-American settlement (1860-1900), Minnesota became a focal point for these debates, with its landscape fostering complex and competing narratives on health, wellbeing, and disease. This paper explores how public health discourse developed in Minnesota through the perspectives of institutions, the public, and economic interests. Combining environmental history with critical discourse analysis of archival materials, this study examines shifts within the Minnesota State Board …

The Mighty C: A Fractal Model For Modern Creativity, Joe Todaro

Creativity and Change Leadership Graduate Student Master's Projects

The persistent ambiguity surrounding the definition of creativity has hindered its advancement across academic, educational, and professional settings. In response, this paper proposes an updated framework—The Mighty C—which defines creativity as the intrinsic human activity of generating meaningful, novel, and useful outcomes through deliberate process. This model addresses critical gaps in conventional definitions, particularly the frequent omission of meaningfulness, intentionality, and the uniquely human nature of creativity. It further emphasizes the recursive nature of these aspects across different levels of creative activity, represented through the structure of fractals. Drawing from scholarly models such as Rhodes’ 4Ps and Kaufman and Beghetto’s …

Front Line Innovation In Federal Agencies: U.S. Department Of State Passport Services Innovation Portal Engagement Program, Bill Langer

Creativity and Change Leadership Graduate Student Master's Projects

This project explores strategies for enhancing front-line innovation within federal agencies through employee engagement with the U.S. Department of State's Passport Services Innovation Portal. Rooted in the principles of creative leadership and intrinsic motivation, the project addresses persistent barriers to innovation in federal settings, such as bureaucratic inertia and a lack of feedback mechanisms for idea submissions. Utilizing the Creative Problem Solving (CPS) model and a modified 21st-century facilitation framework, the project team designed and implemented an engagement program that included informational briefings and targeted newsletters. Quantitative data from website analytics and idea submissions were analyzed using paired t-tests and …

Differentiated Instruction For Students With Special Needs: “How Can We Better Equip Students, School Systems, And Society For Differentiated Instruction For Students With Special Needs In Career And Technical Educational Environments?”, Mikala A. Highsmith

Creativity and Change Leadership Graduate Student Master's Projects

Career and Technical Education (CTE) plays a vital role in preparing students for the demands of the modern workforce by providing essential knowledge, technical skills, and industry-recognized certifications. As the number of students with disabilities, including neurodivergent learners, continues to rise, CTE programs face increasing pressure to adopt innovative, inclusive educational practices. Integrating creative teaching strategies and leveraging technology are now critical tools in addressing diverse learning needs that promote effective classroom management and enhance student engagement. Moreover, CTE programs emphasize the development of professional competencies, workforce protocols, and transferable skills that strengthen students’ employability across industries. This paper examines …

Assessing Perceived Safety Of Non Motorized Travel With Virtual Reality, Vahid Balali, Sahand Fathi

Mineta Transportation Institute

Cycling is increasingly advocated as a healthier and more sustainable mode of transportation, as reflected in both scholarly literature and policy initiatives. Nonetheless, the escalation in bicyclist crash fatalities underscores deficiencies in extant roadway designs that inadequately safeguard these vulnerable users. A persistent challenge in the examination of bicyclist safety, behavior, and comfort is the paucity of comprehensive cycling data. To enhance understanding of cyclists' behavioral and physiological responses safely and efficiently, this investigation utilizes a bicycle simulator within an immersive virtual environment (IVE). Off-the-shelf sensors are employed to evaluate cyclists' performance metrics (speed and lane position) and physiological responses …

Fungi To Form: Exploring Mushroom Mycelium As A Bio-Material For Zero-Waste Interior Furnishings And Forms, Drew M. Gobbi

Interior Design Undergraduate Honors Theses

This capstone explores new applications for mycelium, the root structure of mushrooms, in the architecture and interior design industry. Due to its naturally renewable and 100% compostable nature, mycelium proves itself to be a highly sustainable material. Through a combination of research, analysis, and hands-on experimentation, both the challenges and possibilities of mycelium are documented and defined in the context of solutions for fast-furniture waste, a phenomenon that includes mass-produced, low-cost items designed for short-term use. Following a foundation of literature reviews and case studies, this paper documents small-scale prototyping of mycelium-based models for the Ground-Up Chair, a simple yet …

#Girls Gone Viral: Girlification Trends And The Digital Postfeminist Sensibility, Madison Rose Mcbride

Graduate Theses and Dissertations

This thesis provides a critical analysis of viral girlification trends on TikTok to bolster understanding of the rhetoric of popular feminism in the emerging digital landscape. Grounded in feminist cultural theory, this thesis posits that women’s digital engagement influences their notions of self-actualization, their avenues for resisting sexist ideals, and ultimately, their political mobilization. Extending scholarship on postfeminism, I offer two unique but co-constructive features of the postfeminist sensibility: post-irony and the confession paradigm. The first chapter analyzes the “girl dinner” trend as a site of post-ironic discourse. Characterized by ambiguity and ambivalence, post-ironic discourse muddles the line between sincerity …

Introduction To Building Energy Modeling And Analysis Using Energyplus, Jackson C. Burnett

Mechanical Engineering Undergraduate Honors Theses

Retail stores are dynamic environments where human activities significantly influence energy consumption patterns, particularly affecting heating, ventilation, and air conditioning (HVAC) demands. Existing energy models, such as those developed using EnergyPlus, often rely on generalized assumptions about human occupancy and behavior, leading to discrepancies between predicted and actual energy usage. This research aimed to enhance the accuracy of energy modeling for retail stores by conducting a sensitivity analysis of occupancy using EnergyPlus simulations. The study investigated how variations in occupancy levels impact HVAC loads, cooling and heating demands, and overall energy use. Results showed that increasing occupancy leads to higher …

Foreward, Edward Rubin

Vanderbilt Social Justice Reporter

No abstract provided.

Big Banks: Go Small!, Rashmi Dyal-Chand

Connecticut Law Review

Despite the promise of the Fair Housing Act and other civil rights laws, racial gaps in wealth, homeownership, and mortgage lending persist today. Our nation’s biggest banks deny mortgage loan applications to Black and Brown consumers at a rate higher than the rest of the industry, often claiming that lending to historically marginalized consumers is too risky. Instead, these lending institutions focus on providing highly profitable financial services to wealthy consumers.

Banking institutions, especially our nation’s biggest banks, have both a moral and economic obligation to serve all members of the public who need and desire financial services. It is …

The (Quorum) Call Is Coming From Inside The House: Incongruity Between The Current Interpretation Of The Quorum Clause And The Supreme Court’S First Congress Canon, Sam Mahler

Connecticut Law Review

Since the start of the twenty-first century, Congress members have faced more threats to their safety than at any other point in American history. Up to this point, none of the attacks have been successful in killing a majority of the members. However, such a prospect comes with the possibility of a reality where all Congressional action is stalled until replacement elections are held and new members are seated. In order to address this fear, Congress has changed its interpretation of the Quorum Clause to define the majority needed to conduct business as the majority of the members who are …

Legal And Policy Responses To Sexual Harassment In Housing, Rigel C. Oliveri

Connecticut Law Review

The sexual harassment of low-income women by their housing providers is a clear national problem that has only recently become the focus of coordinated nationwide enforcement efforts by federal agencies, including the Department of Justice. While these developments are welcome, the problem requires proactive responses as well. This Essay examines data from a study of all of DOJ’s sexual harassment in housing cases and uses this information to identify the most problematic types of housing providers and the most common forms of harassment. Specifically, harassment appears to occur most frequently in private rental housing and is perpetuated by managers (usually …

Ai Governance: Overcoming Policy Barriers To Fairness And Privacy, Michael Akinwumi

Connecticut Law Review

Artificial intelligence (“AI”) is increasingly influencing critical sectors such as housing and finance, and raising concerns about fairness, bias, and regulatory compliance. This Essay explores the policy considerations essential for operationalizing AI fairness, particularly in regulated industries. It examines the interplay between algorithmic transparency, privacy, and the responsible use of protected class data under existing legal frameworks such as the Equal Credit Opportunity Act (“ECOA”) and the Fair Housing Act (“FHA”). The Essay identifies key policy gaps and challenges in implementing fairness-enhancing techniques, offering actionable recommendations for policymakers, regulators, and AI practitioners. These recommendations propose a holistic framework that integrates …

Revisiting Geography And Sovereignty In The Digital Age, Melvin J. Kelley Iv

Connecticut Law Review

Fair housing advocates have already brought successful lawsuits challenging the use of property technology (“PropTech”) where it has been found to perpetuate or replicate discriminatory practices in a range of contexts including the use of automated screening tools to evaluate prospective tenants. While substantive interventions in unlawful exclusions and differential treatment via PropTech are laudatory, this Article argues that these steps do not go far enough and moreover, that insufficient attention has been paid to the procedural implications of the federal Fair Housing Act (“FHA”) as a source of ex ante enforcement.

The nation’s first fair housing law, the 1866 …

Eliminating Extratextual Exemptions From The Fair Housing Act, Stacy E. Seicshnaydre

Connecticut Law Review

The Supreme Court has held that the language of the Fair Housing Act (“FHA”) is “broad and inclusive,” and the Court has given it a broad construction. Correspondingly, the traditional interpretive canons suggest that courts must construe exceptions narrowly. However, some courts have restricted coverage under the FHA by broadly reading an exception or by inferring an exception. The Essay provides several illustrations of this practice and argues against inferred statutory exemptions to the FHA, at least for courts that otherwise adopt a strict textualist approach to statutory construction.

Front Matter Connecticut Law Review Volume 57 Issue 4

Connecticut Law Review

No abstract provided.

Parenting Under Siege: Reckoning With Coercive Control, Courtney Cross, Gillian Chadwick

Connecticut Law Review

Coercive control is a pervasive form of domestic violence in which one partner engages in a prolonged and multifaceted campaign of abuse in order to gain and maintain dominance over the other partner. While some coercively controlling partners employ physical violence to ensure compliance with their demands, others use exclusively non-violent tactics. In co-parenting relationships, coercive control not only inflicts severe harm on the targeted parent but also affects children as co-victims of both direct and indirect abuse. As a result, co-victim children suffer significant emotional, developmental, and social harm, and adverse health outcomes, even in the absence of physical …

First Amendment Protection Under Connecticut’S Free Speech Statute: Inconsistent Interpretations And Disappointing Results, Elizabeth C. Anderson

Connecticut Law Review

Connecticut has taken unique strides in safeguarding employees’ constitutional rights by granting private employees the same First Amendment protections offered to public employees. However, the definition of “discipline” adopted by most courts permits employers to punish employees for exercising their free speech through non-affirmative acts like retracting promised promotions and bonuses. The absence of a clear, universal definition of “discipline” creates uncertainty for employees and employers, undermining the protective purpose of Connecticut’s free speech statute. This Comment argues that if or when the Connecticut Appellate Court takes up the issue of defining “discipline” under Connecticut General Statutes Section 31-51q, the …

Locating Timbre In Copyright Law’S Modern Musical Work, Lauren Wilson

Connecticut Law Review

Copyright law requires courts deciding music infringement cases to locate two copyrights within a single song: one in the “musical work” and another in the “sound recording.” But songs do not naturally divide into such pieces. Instead, judges untrained in music must parse from a unified song the musical elements belonging to each copyright and to whom those copyrights belong. They have historically approached the task as a simple matter of identifying elements notated on a score as belonging to the musical work and placing “everything else” on the sound recording, but such a formalistic approach does not suit the …

Connecticut Law Review Cover 57-4

Connecticut Law Review

No abstract provided.

California’S Ban On Cruel Or Unusual Punishment: A State Constitutional Analysis Of Anti-Camping Ordinances, Anna R. Janson

Connecticut Law Review

In Martin v. City of Boise, the United States Court of Appeals for the Ninth Circuit relied on the Cruel and Unusual Punishment Clause of the Eighth Amendment to rule that a class of involuntarily unhoused individuals may not be criminally punished for sleeping on public property in the absence of “sufficient alternatives” for all unhoused people. In Johnson v. City of Grants Pass, the Ninth Circuit elaborated that civil schemes which lead to criminal punishment are unconstitutional as well. However, the United States Supreme Court granted certiorari in the latter case and disrupted both Ninth Circuit decisions. The Court …