Digital Commons Network^™

Crashing The Party: How Textualism And Legislative History Can Work Together, John Cannan

Faculty Publications

Textualists must moderate their distaste for legislative history and acknowledge the role of congressional sources in statutory interpretation—even those they themselves approve of. Doing so would enhance their statutory analyses. Decisions arising from 2016 litigation by hospitals against the U.S. Department of Health and Human Services, culminating in Azar v. Allina Health Servs., 139 S. Ct. 1804, 204 L. Ed. 2d 139 (2019), demonstrate how textualist inflexibility can undermine their own principles. For example, notable advocates of that interpretive school—then-Judge Brett Kavanaugh and Justice Neil Gorsuch—overlooked statutory text, which they so highly prize, in reaching their determinations. Textualists often describe …

Community-Level Analysis Of Anti-Asian Hate Crime, Jisoo Cho, Jinuk Jeong, Christopher Han-Fai Seto

Publications and Research

Motivated by the surge in anti-Asian hate crimes during the COVID-19 pandemic, this study examines the community characteristics associated with the likelihood of their occurrence from 2020 to 2023 through interracial conflict and social disorganization perspectives. Analyzing data from the New York City Police Department and the American Community Survey across 2,198 census tracts, we find that communities with higher levels of Asian population, racial heterogeneity, and residential instability have higher odds of experiencing anti-Asian hate crime. However, concentrated disadvantage and defended neighborhoods (White, Black, and Hispanic) are not significant across all estimated models. These findings have important implications for …

Mcsa Forum Minutes 04/21/2025, Morris Campus Student Association

Morris Campus Student Association

No abstract provided.

Above The Law? Reforming Prosecutorial Accountability Measures Through State Action, Laura Mcneal

Louisiana Law Review

No abstract provided.

Development Of Raman Spectroscopic Methods To Analyze Chemical, Biological, And Physical Constituents For Food Safety And Quality, Hannah C. Broadbent

Theses and Dissertations

Ensuring food safety and quality is crucial for consumer health, satisfaction, and regulatory compliance. This study aims to develop rapid, reliable methods for detecting food constituents (i.e. lactose), pathogens (i.e. Listeria monocytogenes), and contaminants (i.e. micro- and nano-plastics) using Raman spectroscopy. With advantages like high specificity, minimal sample preparation, and fast analysis, Raman spectroscopy offers a promising alternative to traditional methods. This research explores its application in assessing chemical, biological, and physical properties of food to enhance safety and quality monitoring. Lactose-free products are increasingly popular due to the global prevalence of lactose intolerance, creating a need for effective verification …

Splitting Equality: Access To Gender-Affirming Care In The Fourth Circuit, Gilbert D. Jones

Journal of Law and Health

This Note critically examines the evolving legal landscape surrounding transgender individuals' access to gender-affirming care in the United States, focusing on two pivotal cases before the Fourth Circuit: Kadel v. Folwell (North Carolina) and Fain v. Crouch (West Virginia). These cases present a constitutional and statutory challenge to the exclusion of medically necessary gender-affirming care from state health plans, under Title VII of the Civil Rights Act of 1964 and the Equal Protection Clause of the Fourteenth Amendment. The Note contextualizes these lawsuits within a broader historical trajectory of transgender rights, highlighting legal and cultural milestones that have shaped access …

Remote Sensing Estimation Of Forest Ecosystem Service Values, Yu Zhang, Zhichao Guo, Guoshuang Tian, Minghua Lei

Turkish Journal of Agriculture and Forestry

A precise estimation of the value of forest ecosystem services (FESVs) has become essential due to the growing significance of the influence of global climate change on them. The primary objective of this study was to enhance the precision of forest service value monitoring and evaluation, thereby providing a scientific foundation for the promotion of sustainable forest resource management and ecological civilization construction. The study presented a remote sensing estimation (RSE) technique that combined time series characterization (TSC) and double-logistic regression (DLR) in order to achieve this. Through the integration of TSC analysis and a substantial amount of remote sensing …

Representing Animals, Matthew Liebman

Maryland Law Review

No abstract provided.

Three’S Company: The Supreme Court Of Maryland Elevates Victims To Quasi-Party Status And Invites Them To Participate In The Merits Of The State’S Motion To Vacate A Faulty Conviction In Syed V. Lee, Mark Reichart

Maryland Law Review

No abstract provided.

The Great Writ Revived: A Contemporary Reimagining Of The Master’S Tools How 28 U.S.C. § 2241 Provides A Pathway To Relief For Vulnerable Classes Facing Inhumane Conditions Of Confinement, Corinne Noonan

Maryland Law Review

No abstract provided.

The Maryland Freedom To Read Act: Recognizing A New Right To Prevent School Library Book Exclusions In The Era Of Polarized School Boards, Rianna C. Mukherjee

Maryland Law Review

No abstract provided.

Balancing Parental Rights And Child Welfare In Custody Decisions Involving Mental Health, Colette Methling

Honors Theses

This thesis examines the evolving intersection of parental rights, child welfare, and mental health within the context of termination of parental rights proceedings. Historically, mental illness was often viewed as a categorical disqualifier for parenting, with courts relying on stigmatized assumptions rather than individualized evaluations. These early judicial approaches, influenced by eugenics and social biases, as exemplified by Buck v. Bell (1927), led to systemic injustices and overly broad state interventions into family life.

Through a doctrinal and historical legal analysis, this thesis traces how U.S. courts have gradually moved from rigid, diagnosis-based determinations toward more nuanced, evidence-based standards. It …

Nietzschean Expressivism, Cameron Jackson

Theses

What is Nietzsche’s metaethical stance? Does he even have one? We can, I argue, reconstruct an interesting metaethical view from his writings. Rather than focusing narrowly on his claims about moral judgement, I explore Nietzsche’s philosophical psychology broadly in order to argue that he is best interpreted as holding an emotivist type of expressivism. The function of moral judgement lies within its affective and action-guiding nature, and its communal role of coordinating our evaluative attitudes with one another.

Riverview I Affordable Preservation, Llc V. Lendelbolg

All Decisions

The landlord commenced a licensee holdover proceeding seeking possession of a project-based Section 8 unit after the death of the tenant of record. The tenant's siblings and child remained in the apartment and asserted succession claims. At trial, the landlord established prima facie entitlement to relief by showing service of predicate notice and non-tenancy status of remaining occupants. However, the tenant's brother demonstrated through documentary evidence and testimony that he had resided with the deceased tenant for at least two years prior to her death, thereby satisfying HUD succession requirements. The court found that he qualified as a remaining family …

Carroll Flats Llc V. Gibson

All Decisions

In this holdover licensee proceeding, the landlord sought possession of a rent-stabilized apartment, alleging the tenant remained unlawfully following the death of the tenant of record. The tenant claimed succession rights as the daughter of the deceased. Although she lacked formal documentary evidence such as a birth certificate, testimony from an uninterested long-time neighbor established a familial relationship. The tenant also presented government benefit records demonstrating occupancy during the relevant two-year period. The court emphasized that lack of financial interdependence and formal documents is not dispositive in succession claims, particularly for low-income families. The landlord failed to rebut key factual …

Amgen Enablement And Its Undue Burden On An Overburdened Biomedical Industry, Carter Chippi

Journal of Law and Health

This paper examines the Supreme Court decision in Amgen Inc. v. Sanofi and its profound impact on the patentability of biotechnology inventions, particularly biologic drugs. By virtually eliminating the possibility of claiming genera patents, the decision exacerbates existing challenges within the biologic sector, including high development costs and rigorous regulatory hurdles. The analysis sets forth the enablement requirement’s precedent, emphasizing historical case law and the unforeseen implications of setting a stringent standard for biotechnology patents. This paper further critiques suggested industry compromises, deeming them insufficient to address the ramifications of Amgen, and proposes legislative intervention. Options include granting biologics …

Enhancing Provider Knowledge With Phq-9 Education, Laurette Abunaw

Walden Dissertations and Doctoral Studies

Depression represents a significant public health concern that often remains undiagnosed or untreated, primarily due to insufficient systematic screening in primary care settings. The lack of standardized screening tools such as the Patient Health Questionnaire-9 (PHQ-9) elevates patient risks, increasing symptom severity, increasing suicide rates, and delaying interventions. Research studies show that a significant number of individuals with depression go untreated for long durations, with primary care settings recognizing only a small percentage of cases. The PHQ-9 is an effective tool for assessing and monitoring depression in a primary care setting, leading to early detection of symptom severity. Clinical practice …

Use Of Policies To Prevent Data Breaches Among Information Security Managers At Large Retail Organizations, Moyees Musa Kamara, Jr.

Walden Dissertations and Doctoral Studies

Large retail organizations are the most targeted for information security (IS) and cybersecurity threats and attacks resulting in data breaches in the United States. The IS strategies and policies are essential to IS managers because they use them to protect, mitigate, and prevent cyberattack occurrences with potential organizational and customer data theft and disruption of critical business operations. Von Bertalanffy’s general system theory and Fishbein and Ajzen’s theory of reasoned action grounded this study. The purpose of this qualitative multiple case study was to explore strategies used by large retail organization IS managers to make informed decisions for protecting against …

The Free Press Vol. 56, Issue 12, 04-21-2025, Chris Tiner, Cayley Bowman

Free Press, The

Student Government Results--Clean Energy Summit Considers Role of Maine Workers--Maine "Hands Off" Protest--Games and Activities--MovieTalk--OAB Strikes Again--All=American Wrestlers--Last Letters from the Editors

Metagenomic Investigation Of The Rumen And Caecum Microbial Communities Of The Saharan Dromedary Camel, Ahmed Chaieb Eddraa, Ahmed Aichouni, Hebib Aggad, Abdelaziz Merouane, Mohammed El Amine Bekara, Abdeldjabar Rouabhi

Turkish Journal of Veterinary & Animal Sciences

The metagenomic bacterial profile of dromedary camel from Algerian Sahara was carried out by exploring 16S rRNA gene amplicon sequencing of the 16S V3-V4 region of bacterial communities of a pregastric (rumen) and post-gastric (caecum) segments in three young camels aged between 2–3 years fed on straw and native vegetation. The generated valid reads were 188,237 and 201,385 for the rumen and caecum respectively, with an average number of OTUs reaching 140 and 170 for the rumen and cecum respectively. The good average ranged from 96.29% to 97.73%. The sequencing analysis revealed 313 bacterial genera distributed in 19 phyla. Taxonomic …

Multiparticle Quantum Plasmonics: Fundamentals And Applications, Mingyuan Hong

LSU Doctoral Dissertations

Quantum plasmonics explores the interaction between light and collective charge oscillations at metal-dielectric interfaces, enabling strong light confinement and enhanced quantum effects at the nanoscale. While traditional quantum optics has primarily focused on single-photon systems, an intermediate regime exists between classical and single-photon optics - multiparticle (or multiphoton) quantum optics. In this regime, classical light sources, when analyzed through techniques such as photon-number-resolving (PNR) detection and projective measurement, can reveal nontrivial quantum correlations. This thesis investigates how multiparticle quantum plasmonics harnesses these correlations to control quantum statistical properties, enhance coherence, and enable novel applications in quantum technologies.

In this thesis, …

Towards An Embodied And Graphic Based Qualitative Sociology: Methodological Reflections On Reflexivity And Pictorial Embodiment In The Field Of Health And Illness, Alice Scavarda, Barbara Grüning

The Qualitative Report

The aim of this paper is to discuss the comicisation of qualitative sociology, i.e., the use of comics as research methods and analytical tools in sociology, drawing from case studies related to illness and neurodivergence. In the first part, we will pinpoint how comics as qualitative research methods enhance the reflexivity of sociologists themselves in the various phases of their research projects: from the definition of a case study to the choice of research and analysis techniques up to the communication of research outputs. In line with El Refaie’s (2012) concept of pictorial embodiment, we will show how producing drawn …

Breaking The Silence: Confidence And Barriers In Raising Concerns Among Undergraduate Dental Students– “A National Study”, Layla Hassouneh, Kamran Ali, Rebecca Glanville, Hani Nazzal, Sanaa Aljamani, Nabilah Quadier, Manal Matoug-Elwerfelli

Peninsula Dental School

Background: Raising concerns in clinical settings, also known as whistleblowing, is vital for safeguarding patient safety and improving the quality of care. Despite research on whistleblowing in medical and nursing fields, there is limited evidence on this topic within dental education. This study aims to assess the self-reported confidence of undergraduate dental students in raising concerns and identify any barriers. Methods: This cross-sectional study utilized an online close-ended questionnaire distributed via Google Forms to senior undergraduate dental students from Jordan University of Science and Technology and the University of Jordan, Jordan. Data collection was voluntary, with subsequent analysis performed using …

Partial Replication Of The Severe Outcome Questionnaire (S-Oq): Determining Benchmarks Using Ecologically Valid Data, Joshua J. Allen

Theses and Dissertations

Background: The Severe Outcome Questionnaire (S-OQ) is a self-report tool whose most recent manual was published in 2008. It measures the treatment progress of the seriously mentally ill (SMI). Objective: 1). Partially replicate the outpatient and inpatient admission, change, and internal consistency data. 2). Provide a manual extension including admission and change data for new settings of care and include treatment modality benchmarks. Method: OQ Measures provided an archival data set drawn from six different community mental health organizations from around the United States covering 101 different clinics (N = 25,511; Male = 11,524, Female = 13,987). We constructed normative …

Historicist Politics: Hegel And Foucault On Normativity And The Modal Constitution Of History, Samuel Munroe

Electronic Theses and Dissertations Archive

I have two central aims in this dissertation. First, I argue that Hegel and Foucault’s deepest disagreements should be understood in terms of their different approaches to the themes of normativity and the modal constitution of history. My central interpretative claim with respect to Hegel is that the expressivist modal theory that he lays out in the “Actuality” chapter of his Logic structures the historicist dimensions of his work. Incorporating that modal theory into his conception of the uniquely self-conscious character of spirit yields three concepts arranged diachronically in what he calls “experience”, which I refer to as self-problematization, normative …

Exploring The Sequences And Structures Of Intrinsically Disordered Proteins And Polymers, Hossain Shadman

Electronic Theses and Dissertations Archive

Intrinsically Disordered Proteins (IDPs) are proteins without stable three-dimensional structures. These conformationally flexible proteins form a substantial portion of the eukaryotic proteome and are frequently associated with devastating human conditions such as Alzheimer’s and cancer. There has been significant interest in IDPs in recent decades, given the important roles they play in biological systems. Here, we examine sequences, structures, and functions of IDPs. We explore the sequence-structure-function relationships of protamines (known IDPs), specifically looking at three well-known protamine sequences (salmon, human P1 and bull P1). Using a simple scatter plot of radius of gyration (Rg) and instantaneous shape ratio (Rs), …

Ndls Communicator: Week Of 04.21.25, Notre Dame Law School

NDLS Communicator

Rosary for Pope Francis, April 22

The Latest News

• Notre Dame Law School's Exoneration Justice Clinic exonerates Kara Beaty
• Statement from the Notre Dame Exoneration Justice Clinic and Innocence Project on the Passage of Indiana's amended Senate Bill 141

Faculty Briefs

• Marcus Cole was quoted in a Good Friday reflection by Catholic Charities USA.
• Carter Snead appeared on LiveNOW from Fox where he talked about the passing of Pope Francis on Easter Monday.
• Nicole Garnett appeared on "Conversation with Cardinal Dolan," where she discussed SCOTUS's upcoming consideration of the St. Isidore case.
• Lloyd Mayer contributed several pieces to the Nonprofit …

Implementation & Evaluation Of A Self-Measured Blood Pressure Monitoring Program To Improve Hypertension Management, Sarah Marie Geoghan Marold

Doctoral Dissertations & Projects

Introduction: Hypertension affects nearly half of the population in the United States and, if left untreated, can precipitate chronic and life-threatening conditions. Self-measured blood pressure (SMBP) monitoring is an effective solution to diagnosing and managing blood pressure. The aim of this QI project was to improve hypertension management in a Midwest urban healthcare clinic by implementing an SMBP program. Methods: A quality improvement project and evaluation of the implementation of an SMBP program in a small urban Midwest healthcare clinic. Results: A total of 32 patients received SMBP monitors, 25 patients were included in the final data …

562 West 174th Equities Llc V. Mednik

All Decisions

In this holdover based on alleged lease expiration, the key issue was whether the unit was rent-stabilized. The landlord initially claimed deregulation based on high-rent vacancy but had previously filed contradictory claims asserting rent-stabilization in other proceedings, including a newer, concurrent case. The tenant argued rent-stabilization based on regulatory filings. The court found the multiple filings and reversals in position by the landlord created a confusing and prejudicial scenario. Because the newer case raised the same issue, the court dismissed the current proceeding without prejudice. Practice Note: Landlords should avoid simultaneously prosecuting parallel cases involving contradictory regulatory claims, as it …

Anisakid Nematodes In Black Sea Harbour Porpoise (Phocoena Phocoena Ssp. Relicta) From The Turkish Western Black Sea: With Notes About Association With Body Length And Stomach Content, Erdem Danyer, Işil Aytemi̇z Danyer, Arda Mehmet Tonay, Ayhan Dede, Hayretti̇n Akkaya

Turkish Journal of Veterinary & Animal Sciences

Parasites are naturally present in the natural gastrointestinal fauna of marine mammals without necessarily causing any pathology. However, under various stress conditions, parasites can cause pathological disorders in the gastrointestinal system. There is insufficient information on parasite fauna of mammals living in the Black Sea waters off the Turkish coast. This study examined the stomach contents of bycaught and stranded harbour porpoises collected between 2002 and 2003 along the Turkish coast of the western Black Sea for parasitic presence. In a previous stomach content study, 450 nematode fragments (including 232 intact specimens) were occasionally collected from 33 harbour porpoises (27 …