Digital Commons Network^™

Traditions And Transitions: Intergenerational Family Relationships And Gender Roles In Appalachian Families, Abigail L. Belcher

Honors Theses

For hundreds of years the people of the Appalachian Mountains have come under scrutiny for their “backwards” and “outdated” customs. Often seen as inferior by the wider world, much nuance of Appalachian culture is overlooked and reduced to harmful stereotypes. Terms such as “hillbilly” or “redneck” serve to single out and label the people of Appalachia as “other.” Recent scholarship has taken to try and work around such stereotypes yet often fails to observe Appalachia through the eyes of its people, not generalized statistics. The practice of conducting and collecting Oral History serves to situate a select group of people’s …

Strong Democracies Need Reliable Citations, Margie Alsbrook

Articles

Legal systems must hold the trust of citizens in order for democracies to survive. Unfortunately, the American legal system is suffering from an unprecedented credibility crisis. Analyses of the roots of this problem have largely focused on political causes, with blame going to an array of issues ranging from the partisan nature of the judicial appointment process to the lack of ethical oversight for judges with lifetime appointments to the bench.

Thus far, scholarly articles analyzing the modern erosion of precedent have generally examined precedent from political or subject-matter-specific perspectives. This Article takes a more universal approach by discussing the …

Ask An Hci Research Ethicist: A Recurring Column On Research Ethics Challenges, Casey Fiesler, Jessica Vitak, Michael Zimmer

Computer Science Faculty Research and Publications

Created in 2016, the SIGCHI Research Ethics Committee advises SIGCHI conferences and communities on ethical issues that arise in the course of conducting research. The committee also provides guidance and feedback on research ethics issues that arise during the peer review process; as a result, we have a broad sense of novel and persisting open questions within our community. Through this recurring column, we will continue this work by raising awareness and increasing discussion of ethics in the context of conducting HCI research.

Veterans Guardian Va Claim Consulting Llc V. Matthew J. Platkin

2025 Decisions

USDC for the District of New Jersey

Algorithmic Bias In Hiring: Amending Title Vii To Prohibit Ai Discrimination, Michael H. Leroy

Journal of Legislation

I propose amendments to Title VII to address discriminatory hiring related to AI technologies. Section 703(c)’s definition of an “employment agency” should be modified to include “any person who uses artificial intelligence” to procure employees. I also propose a new definition in section 703 that incorporates the expansive definition of AI in 15 U.S.C. 9401(3). These small changes would make AI hiring firms more responsible for discriminatory screening and selection of job applicants, and better protect applicants who are adversely selected by sex, race, disability and other protected characteristics.

Completing Social Security: Paid Leave And The Social Security Act, Molly Weston Williamson

Journal of Legislation

The Social Security Act of 1935’s twin flagship programs, unemployment insurance and retirement benefits, each provide cash benefits to replace lost wages when income is cut off due to harms beyond our control. But the Social Security Act fails to protect workers against wage loss due to serious but temporary illness, which poses a risk to economic security that parallels job loss and old age. This missing insurance protection is better known today as paid leave.

The omission of wage loss insurance for serious illness leaves a profound gap in the Social Security Act that was recognized since the law’s …

Volume 51, Issue 2 - Full Combined Issue

Journal of Legislation

No abstract provided.

The Myth Of The Best Interest Of The Child, Victoria Mikesell Mather

West Virginia Law Review

One of the basic tenets of Family Law as applied to children is consideration of “best interest of the child” in making decisions. Standards for custody, termination, adoption, and all other matters affecting children are overlaid with consideration of best interest. Unfortunately, the promise of best interest is lost in the actual mechanics of making these critical decisions involving children. This Article explores the disconnect between the ideal of using the best interest of the child as a key factor in legal decisions affecting children and the practicalities of competing interests. The Article first explores the common concern of the …

Drowning In The Patent Pool: Is Statutory Invention Registration A Lifeguard?, Henry H. Perritt Jr.

West Virginia Law Review

Patents for inventions, available since the first Congress enacted the Patent Law of 1790, have been controversial. Defenders justify patents on the grounds that they are necessary to protect inventors from free riding—copying that would deprive the inventors of an opportunity to recover the costs of development. Detractors attack patents as unnecessary monopolies, thwarting innovation. The debate continues, even as the law itself has remained remarkably constant. Technology and industry structure have not remained constant, however. Patents have proliferated, resulting in patent thickets that make it impossible to create and market any innovative product without infringing hundreds of patents. Patent …

How Seeing Rural America As A Commons Can (Re)Build Mutual Respect Across The Rural-Urban Divide, Lisa R. Pruitt

West Virginia Law Review

This Essay, written for a symposium that honors and amplifies Ann Eisenberg’s 2024 book, Reviving Rural America: Toward Policies for Resilience, contemplates benefits that could flow from taking seriously Eisenberg’s conceptualization of rural America as a commons. In particular, I argue that the mutual respect and collaboration necessary for a successful commons could help heal the rural-urban rift, which has widened dramatically in the last few decades. Recent studies suggest that rural residents have what scholars call a rural consciousnesses, which means that living in a rural place is a key aspect of their identity. One feature of this identity …

Put Me In, Coach: Constitutional Concerns Of Judicial Activism And Legislating From The Bench, Jacob M. Elliott

Senior Honors Theses

Unrestrained judicial activism and legislating from the bench at the Supreme Court level place federalism and freedom in jeopardy. By ignoring crucial doctrines like jurisdiction, deference, and independence, the Supreme Court has demonstrated a tendency toward reinterpreting existing Constitutional precedent as they see fit, basing judgments on extra-legal influences, and supplanting Constitutional principles with their own personal policy preferences.

Numerous cases demonstrate the looming threat of judicial overreach; these cases are often considered some of the most damaging and injurious decisions in the history of the American federal judiciary. One potential solution is to appoint justices who will operate …

A Rhetorical Analysis Of The Emasculation Of Men Through Televised Forums Of Entertainment, Skylar G. Sexton

Senior Honors Theses

What constitutes manliness stands on the brink of collapse. Society wages war on the idea of biological men and women. This simultaneously blurs the lines of the distinctive characteristics that define a man such as initiative, protective instincts, self-control, and leadership. Media forums act as a reflection as well as an influencing medium for a cultural body. Films have fundamentally changed their depiction of men in television since the 1960s and 1970s. Manliness is being redefined through films' depictions of a man, as well as by societal movements such as feminism. Men are being emasculated in society today, which is …

Material Point Method Computer Simulations Of The Tharsis Region Mars Forming From An Impact-Driven Antipodal Event: Program Development And Validation, Timothy L. Nikoley, Daniel Hunter, Michael W. Roth

The Compass: Earth Science Journal of Sigma Gamma Epsilon

The planet Mars has features that suggest uprisings could have been created by antipodal events driven by the focusing of seismic waves generated by impact. To investigate the feasibility of such a process resulting in observed features, we have developed a hybrid Newtonian dynamics-Material Point Method (MPM) computer program modeling impact to the surface of Mars, and have carried out extensive computer simulations and data analysis. In this first of two companion papers, we present the theoretical background behind the code development, remarks about program validation and typical visuals.

Historical Firearm Licensing And Permitting Laws, Robert J. Spitzer

Dickinson Law Review (2017-Present)

No abstract provided.

Supreme Court Gives States The Green Light To Go Ham: The Dormant Commerce Clause In Renewable Energy In Light Of National Pork Producers, Ellie Carl

Michigan Journal of Environmental & Administrative Law

Two years ago, the Supreme Court slaughtered the Dormant Commerce Clause in its decision in National Pork Producers v. Ross. While the case is not explicitly about environmental law, it significantly affects environmental laws and policies, especially pertaining to state renewable portfolio standards. These state policies are especially prone to Dormant Commerce Clause litigation, given the interstate nature of electric grids. This paper argues that the scope of the Dormant Commerce Clause in light of this decision is appropriate for ensuring that states have adequate wiggle room in renewable energy regulation, but not an excessive amount of leeway so …

Streamlining Wildlife Regulation, Robert L. Fischman

Michigan Journal of Environmental & Administrative Law

A recent burst of revisions in the bedrock regulations governing projects that may adversely affect wildlife represents a generational shift in policy. Streamlining federal decision -making drove much of this reform. Streamlining offers a path to address climate change without abandoning a longstanding commitment to wildlife conservation. The conservation community recognizes the need to build new infrastructure to reduce the rate of climate change through air emissions. The most urgent priority is decarbonizing the electrical ~rid through renewable energy generation and a better transmission network. Adaptation to the "new abnormal" of climate-driven environmental disruption demands federal approvals for a host …

Examining Whether Method Of Suicide Exposure And Closeness To Decedent Relate To Firearm Storage Practices, Evan A. Albury, Jessica L. Gerner, David A. Jobes, Raymond P. Tucker

Faculty Publications

Introduction: One factor that can influence whether someone will engage in secure firearm storage is having a suicide exposure (SE). Daruwala et al. (2018) examined this and found that individuals with an SE, without considering perceived closeness, did not significantly differ from those who did not have an SE in their firearm storage practices. Thus, the present study aimed to replicate and extend the research of Daruwala et al. (2018) by examining if the method of suicide (by firearm or other means) and closeness of suicide decedent relate to secure firearm storage practices. Methods: 308 male firearm owners completed self-report …

Louisiana Agricultural Magazine, Spring 2025

Louisiana Agriculture

Growing fruits and pecans is a part of Louisiana’s agricultural heritage. Citrus trees have been planted here for three centuries, and the state is famous for strawberries. Pecans and mayhaws are native to the state, and they are beloved by Louisianans. Some of these fruits have become industries worth millions of dollars, while others have become popular for home production.

This issue of Louisiana Agriculture focuses on the efforts of LSU AgCenter Extension experts working to foster home fruit production and support the fruit and pecan industry in Louisiana. Through their research and extension programs, they provide homeowners and commercial …

The Aga Khan Health Services - International Newsletter No. 22, Aga Khan University

The Aga Khan Health Services Archives

• Her Highness Inaugurates Extension of Kisumu Hospital

• Medical and Nursing Student Survey Reveals Health Oddity in Orangi

• Student Survey Reveals Health Oddity

• Appointments at Aga Khan University and Hospital

• School of Nursing Graduates 49% of Karachi Nurses

• Continuing Education Workshops for Lady Health Visitors

• Pakistan Burmah Shell

• Hospitals in the Muslim Near East A Historical Overview

• Good Luck Corporation

• Dr. Dan Kasege

• Aga Khan Health Services Co-Sponsors Conference on Diarrhoeal Diseases

• UNICEF Assists Dar-es-Salaam Hospital

• Nutrition Campaign Launched in U.K.

• Blood Donor Clinic in Toronto

• …

If You Cannot Afford An Attorney, None Will Be Appointed For You: Exploring Rates Of Representation By Counsel In Texas Misdemeanor Courts, Andrew L. B. Davies, Shelby Sirivore, Victoria M. Smiegocki

Deason Center Reports

All misdemeanor defendants in the United States have the right to be represented by a lawyer if they are facing the possibility of incarceration. Yet implementation of that right is often left to local policymakers, and rates of non-representation (defendants proceeding without lawyers) vary enormously. Through an examination of data from Texas counties in 2019, we find non-representation rates were highest in the state’s poorest and most rural counties. But we also find signs that local policy choices matter. Counties with public defender offices, and those with less restrictive policies on financial eligibility for indigent defense services, appointed lawyers to …

Church And State Collide: The Constitutional Implications Of Louisiana's Ten Commandments Bill, Kimberly Aliaga

Brigham Young University Prelaw Review

: In the summer of 2024, Louisiana’s governor signed House Bill 71 (HB71), which mandated all K-12 schools to display the Ten Commandments in classrooms. While proponents of the bill claim it serves a secular purpose to promote morality and historical literacy, precedent cases like Stone v. Graham (1980) suggest otherwise. By requiring the display of the Ten Commandments in public classrooms, HB71 is a violation of the Establishment Clause and Free Exercise Clause found in the First Amendment. This article analyzes the bill by comparing it to similar cases, and by applying both the Lemon and Endorsement Test to …

Profits And Paramilitaries: The Kiobel Conundrum And Corporate Liability, Ben Duffield, Mark Norton

Brigham Young University Prelaw Review

In 2013, the Supreme Court severely limited the extent to which U.S. courts could adjudicate on international human-rights violations with their ruling in the landmark case Kiobel v. Royal Dutch Petroleum Co. (2013). This change has led to strong divisions among lower courts about how to determine whether a foreign-based tort may “touch and concern” the territory of the United States with sufficient force to allow the case to have standing. This is especially true for foreign-based torts brought against corporations. This division has had a substantial impact on the ability of foreign citizens to find legal redress for human …

Closing The Distance Between Congress’S Intent And Fosta’S Text, Grant F. Gurr, Henry Purser

Brigham Young University Prelaw Review

It has now been almost thirty years since Congress enacted the Communications Decency Act (CDA), and during that time, sex trafficking has become deeply intertwined with social networking and online advertisements. Internet service providers not only facilitate and profit from online sex trafficking and related crimes like the distribution of child pornography, but, thanks to CDA Section 230, these companies are largely immune to victim-led legal challenges. In 2018, Congress passed the Fight Online Sex Trafficking Act (FOSTA) to limit this immunity and provide victims with legal recourse. However, scholarly consensus suggests that FOSTA has failed to achieve its intended …

Fences, Fields, And Fourth Amendment Rights: Limiting The Powers Of Game Wardens, Ryder Schone

Brigham Young University Prelaw Review

Since the establishment of the Open Fields Doctrine in 1924, both private and public lands not immediately surrounding a home or commercial building have been open to search and seizure by U.S. game wardens. Owing to a century of access without judicial supervision, the powers of game wardens have expanded to a state of overreach which violates the Fourth Amendment rights and privacy of citizens. This paper proposes a federal statute that clearly delineates the circumstances under which game wardens can enter private property. Legal scholars generally agree on the need for reform; however, current discussions often fail to address …

Front Matter

Brigham Young University Prelaw Review

No abstract provided.

Spring 2025

Ergo

No abstract provided.

Scientific Educations Among U.S. Judges, Christa Laser

Law Faculty Articles and Essays

Should more judges have technical and scientific educations than are currently prevalent in the federal judiciary? This empirical study of the educational background of federal judges reports the undergraduate and graduate majors of active U.S. federal Article III judges. Information on the subject area of study is largely not publicly available, especially for judges appointed decades ago. This is the first and only publicly available research study of the subject areas of study of U.S. judges, collected via phone and email surveys to U.S. judges. The results of this study show that only 7.35% offederal judges have majors in science …

Data Privacy At The Border: How To Balance National Security Concerns And Privacy Interests When Conducting Forensic Border Searches Of Electronic Devices, Eleni Filley

Washington and Lee Journal of Civil Rights and Social Justice

Do you know where your phone is? Can you describe the last five pictures in your camera roll? How many websites have you visited this month? Cell phones are an extension of our person and contain some of our most private data: location, banking, loved ones, sleep statistics, reproductive information, and more. As our technology develops, so too should our laws. This Note explores the lack of privacy protections at the U.S. border and how susceptible our data is to a government search. A Supreme Court ruling recognizing the unique piece of property a cell phone represents, even at a …

Democracy, History, And Washington And Lee, Christopher B. Seaman

Washington and Lee Journal of Civil Rights and Social Justice

At Washington and Lee, it is customary for the new holder of an endowed professorship to deliver a public lecture called a chair talk to mark their installation. This is a lightly edited and footnoted version of Professor Seaman's chair talk on October 8, 2024, given as the new Robert E.R. Huntley Professor of Law.

Discretionary (In)Justice Continued: Discretion As A Tool To Deny Asylum, Kate Aschenbrenner Rodriguez

Washington and Lee Journal of Civil Rights and Social Justice

In 2012, I published an article entitled Discretionary (In)justice: The Exercise of Discretion in Claims for Asylum. At that time, I was concerned because of a pattern I had seen of adjudicators in individual cases denying applications for asylum not on the basis of statutory eligibility but instead in an exercise of the adjudicator’s discretion. Since that time, the administrations of both the former President Trump and the now-current President Biden have used every legal tool available to them, including the exercise of discretion in asylum claims, to make it more difficult to obtain asylum and therefore to discourage …