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Rituals Of Reluctance: How Loper Bright Further Obscures Civil Rights’ Place In The Modern Administrative State, Cameron K. Obioha Apr 2025

Rituals Of Reluctance: How Loper Bright Further Obscures Civil Rights’ Place In The Modern Administrative State, Cameron K. Obioha

Mercer Law Review

Loper Bright Enterprises v. Raimondo (Loper Bright)marks the end of the Chevron doctrine and the abandonment of nearly forty years of precedent. Despite providing extensive reasoning regarding why eliminating an anchor of administrative law is the culmination of long‑awaited progress, no member of the Supreme Court of the United States elected to opine on a crucial implication of this historic decision. The court did not address how, with reinstated dominion over “every open issue” in regulatory law, it will reconcile the ever‑widening chasm between civil rights policy and the modern administrative state when such challenges inevitably arise.


Mishaps And Misdiagnosis: The Growing Need For Regulation Over The Preimplantation Genetic Diagnosis Industry, Anna M. Lucchese Apr 2025

Mishaps And Misdiagnosis: The Growing Need For Regulation Over The Preimplantation Genetic Diagnosis Industry, Anna M. Lucchese

SPARK Symposium Presentations

This note explores negligence involved in a unique type of In-Vitro Fertilization (IVF) procedure that incorporates genetic testing to assess whether an embryos has a harmful genetic abnormality before implantation. This procedure is known as Preimplantation Genetic Testing (PGD). The Note explains the current regulatory schemes for PGD in the United States—or lack thereof—compared to other countries and guidelines from international professional societies. It further outlines options for what regulatory authorities in the United States would be best suited to oversee PGD use. The Note ultimately argues that fertility clinics should be required to adopt mandatory quality certifications to enhance …


Are Technology And The Law On The Same “Wavelength”?: Examining The New Frontier Of Brainwaves And Data Privacy, John G. Browning Apr 2025

Are Technology And The Law On The Same “Wavelength”?: Examining The New Frontier Of Brainwaves And Data Privacy, John G. Browning

North Carolina Journal of Law & Technology

No abstract provided.


Otmar On Trial: Walahfrid Strabo’S Defensio Otmari, Albrecht Diem Apr 2025

Otmar On Trial: Walahfrid Strabo’S Defensio Otmari, Albrecht Diem

History - All Scholarship

Diem, Albrecht.Otmar on Trial. Walahfrid Strabo’s Defensio Otmari." In Otmars Welten. St. Gallen und das europäische Mönchtum vom 7. bis zum 9. Jahrhundert, edited by Sebastian Scholz, Sabrina Vogt, and Gordon Blennemann, 145-173. Cologne: Böhlau, 2025. https://doi.org/10.7788/9783412532284.145. This chapter reevaluates Walahfrid Strabo’s Vita of Otmar (d. 759), the founder of the Monastery of St. Gallen, focusing on its description of the trial that led to Otmar’s deposition and imprisonment. It argues that Walahfrid’s aim was not primarily to produce a text that established the cult of a foundation saint but rather a “Defensio Otmari” that engaged with the accusations of …


"I'M Here To Teach": Transgender Educators' Experiences In The Public School System, Dana Thompson Apr 2025

"I'M Here To Teach": Transgender Educators' Experiences In The Public School System, Dana Thompson

School of Education and Leadership Student Capstone Theses and Dissertations

This qualitative study explores the experiences of transgender educators in Minnesota public schools, examining how they navigate professional environments and view their impact on students, staff, and the community. Interviews with three current educators were completed in addition to an autoethnographic reflection. Several key themes emerged: the significant gap between non-discrimination policies and actual lived experience; the differential treatment based on gender identity, with transgender women facing more severe professional consequences than transmasculine educators; the critical importance of transgender representation for LGBTQ+ students; and the necessity of robust support systems to combat isolation. This research contributes to the limited literature …


How Sexism Affects Women In Healthcare And Medical Training In The United States And The United Kingdom, Emily Kerr Apr 2025

How Sexism Affects Women In Healthcare And Medical Training In The United States And The United Kingdom, Emily Kerr

Honors Projects

This in-depth secondary research was performed to review existing literature about how sexism affects women in healthcare and medical training in the United States and the United Kingdom. Despite previous legislation passed to limit sexism and sexual harassment in both countries, sexism and sexual harassment are still relevant today, especially in the medical and healthcare field. In fact, despite a continued increase of women in medicine, 91% of qualified female health professionals have experienced sexism at work and 54% of both male and female health professionals believe that sexism acts as a barrier to career progression (BMA, 2024). Based on …


Dentistry And The Law: Yes, Dentists (And The Mda) Are Subject To Antitrust Law, Daniel Schulte Jd Apr 2025

Dentistry And The Law: Yes, Dentists (And The Mda) Are Subject To Antitrust Law, Daniel Schulte Jd

The Journal of the Michigan Dental Association

This legal article explains how antitrust laws apply to dentists and dental associations. It clarifies that violations occur when competitors agree to activities that unreasonably restrain competition. The article distinguishes between "per se" illegal activities (price-fixing, group boycotts, allocation of territories) and those evaluated under the "rule of reason." Specific examples of prohibited activities include agreements on fees, discount limitations, or refusals to participate with dental plans. Enforcement can come from the DOJ, FTC, state agencies, or private lawsuits, with penalties including imprisonment, fines, and treble damages.


Too Much Time Alone: Disciplinary Segregation As A Cruel And Unusual Punishment, Elijah Swolgaard, Spencer Schlag Apr 2025

Too Much Time Alone: Disciplinary Segregation As A Cruel And Unusual Punishment, Elijah Swolgaard, Spencer Schlag

Brigham Young University Prelaw Review

Disciplinary segregation has historically been used as an arbitrary form of punishment in American prison systems. The severe psychological effects of this confinement allow it be classified as a cruel and unusual punishment under the Eighth Amendment and generally lead to higher recidivism rates. This Note argues that in order to prevent these effects from occurring, disciplinary segregation should be ruled unconstitutional. Previous scholarship has argued for removal of solitary confinement generally. In contrast, this Note argues for the removal of disciplinary segregation specifically, while maintaining the use of necessary forms of solitary confinement such as administrative segregation. This will …


Abuse, Neglect, And Abandonment: The Need To Protect Immigrant Minors Through Standardized Definitions, Bailey Morris Gurr, Lila Bird Williams Apr 2025

Abuse, Neglect, And Abandonment: The Need To Protect Immigrant Minors Through Standardized Definitions, Bailey Morris Gurr, Lila Bird Williams

Brigham Young University Prelaw Review

Special Immigrant Juvenile Status (SIJS) applications are inconsistently adjudicated across states due to varying definitions of abuse, neglect, and abandonment. This inconsistency creates geographic disparities in protection, leaving vulnerable immigrant minors at risk of deportation; in the worst-case scenario, children who meet the criteria in one state may be denied in another and sent back to unsafe or life-threatening conditions. This paper argues for federal oversight to standardize SIJS criteria by amending the Child Abuse Prevention and Treatment Act (CAPTA) to establish unambiguous definitions of abuse, neglect, and abandonment, ensuring fair and consistent adjudication nationwide. Legal scholars widely recognize the …


Full Issue Apr 2025

Full Issue

Brigham Young University Prelaw Review

No abstract provided.


"They Had Been Forgotten" The Story Of Weld Hall And Its Stained-Glass Windows, John Mccune Apr 2025

"They Had Been Forgotten" The Story Of Weld Hall And Its Stained-Glass Windows, John Mccune

Histories of MSUM

History of Weld Hall and the stained-glass windows originally installed in the building's auditorium and what followed.


Dangerous Legitimacy: The Risks Of Normalizing Hamas As A Fundamentalist Terror Group In Western Discourse, Shevach Berkovits, Darnell Downes, Hunter Lacroix, Michael Dobkowski Apr 2025

Dangerous Legitimacy: The Risks Of Normalizing Hamas As A Fundamentalist Terror Group In Western Discourse, Shevach Berkovits, Darnell Downes, Hunter Lacroix, Michael Dobkowski

Journal of Strategic Security

This article examines the dangers of Western discourse misrepresenting and normalizing Hamas, a fundamentalist terrorist group, as a legitimate actor in regional crises and conflicts. It explores Hamas' origins as a global terrorist organization, its history of armed conflict with neighbors and the broader Western world, and its ideological roots in religious fundamentalism and totalitarianism. The article argues that Hamas’ principles and actions are fundamentally incompatible with Western democratic ideals, posing a significant threat to regional and global security. It also addresses the ongoing challenges of "Western washing" Hamas through propaganda spread via social activism and social media. The article …


The Implementation Of An Educational Program And Workflow To Improve The Accuracy And Completion Rates Of 30-Day Readmission Assessments Among Inpatient Case Managers, Katharine Mcaneny Mba, Bsn, Rn, Ccm Apr 2025

The Implementation Of An Educational Program And Workflow To Improve The Accuracy And Completion Rates Of 30-Day Readmission Assessments Among Inpatient Case Managers, Katharine Mcaneny Mba, Bsn, Rn, Ccm

Doctor of Nursing Practice Projects

Background: Hospital readmissions within 30 days serve as a key quality indicator, influencing patient outcomes and financial penalties under the Hospital Readmissions Reduction Program (HRRP). Inpatient case managers play a crucial role in conducting readmission assessments to identify preventable causes and implement mitigation strategies. However, low completion rates and variability in assessment accuracy limit data collection and quality improvement efforts.

Aims: This quality improvement project aimed to (1) improve case managers’ understanding of readmissions and their impact on quality measures and reimbursement, (2) enhance self- perceived competence in completing readmission assessments, and (3) increase the percentage of completed readmission assessments …


Reducing Rates And Improving Care Of Incarcerated Pregnant People In Georgia Through The Georgia Women's Care Act: A Policy Analysis And Advocacy Project, Allegra Renee Crews Walker Msn, Cnm Apr 2025

Reducing Rates And Improving Care Of Incarcerated Pregnant People In Georgia Through The Georgia Women's Care Act: A Policy Analysis And Advocacy Project, Allegra Renee Crews Walker Msn, Cnm

Doctor of Nursing Practice Projects

Background: Maternal mortality rate and the rate of incarcerated women are significantly higher in the U.S. than in comparable nations, with Georgia's rates exceeding the national average. The U.S. and Georgia do not meet the internationally accepted standards for women in prisons, the Bangkok Rules. The Georgia Women's CARE Act seeks to reduce rates of incarcerated pregnant individuals by allowing sentence deferment, alternative sentencing, and eliminating or reducing cash bail when appropriate. The bill also establishes standards for tracking pregnant incarcerated women through federal and state prisons and jails.

Aims: This policy analysis and advocacy project aims to bring awareness …


Bridging The Gap: Enhancing Primary Palliative Care Knowledge And Self-Efficacy Among Home Health Interprofessional Staff: A Doctor Of Nursing Practice Quality Improvement Project, Morgan L. Ryan Msn, Chpn, Agpcnp-Bc Apr 2025

Bridging The Gap: Enhancing Primary Palliative Care Knowledge And Self-Efficacy Among Home Health Interprofessional Staff: A Doctor Of Nursing Practice Quality Improvement Project, Morgan L. Ryan Msn, Chpn, Agpcnp-Bc

Doctor of Nursing Practice Projects

Background: Palliative care is vital for improving the quality of life for individuals with serious illnesses, yet many interprofessional home health providers lack adequate training. Addressing this educational gap is essential for delivering comprehensive, compassionate care to patients with chronic and life-limiting conditions.

Objectives: This Doctor of Nursing Practice (DNP) project aimed to develop, implement, and evaluate a structured primary palliative care training tailored to the needs of interprofessional home health providers. The objectives were to: (1) enhance knowledge of palliative care principles, (2) reinforce each team member’s role in primary palliative care delivery, (3) improve self-efficacy and perceived competence, …


The Harms Of Expanding Physician-Assisted Suicide, Katherine Drabiak Apr 2025

The Harms Of Expanding Physician-Assisted Suicide, Katherine Drabiak

Health Matrix: The Journal of Law-Medicine

Currently, nine states and the District of Columbia have passed laws in the U.S. to legalize and regulate the practice of physicianassisted suicide (“PAS”). Proponents initially garnered public support by portraying PAS as distinct from suicide, framing it as a rare mechanism for patients with terminal illness to achieve a peaceful death, enhance autonomy, and reduce suffering. Original state laws contained numerous eligibility requirements designed as safeguards to provide stringent limits. However, over the past few years proponents of PAS have systematically worked to expand PAS and erase these limits by increasing eligible providers, reducing waiting periods, and eliminating residency …


Her Fundamentals: Justice Abella And Section 2(B) Of The Charter, Jamie Cameron Apr 2025

Her Fundamentals: Justice Abella And Section 2(B) Of The Charter, Jamie Cameron

Articles & Book Chapters

Justice Abella’s legendary aspirations for human rights all but defined her jurisprudence, and under s,2 she earned praise elsewhere for her opinions on religious freedom (s.2(a) of the Charter) and the right to strike under s.2(d)’s guarantee of associational freedom. Apart from Doré v. Barreau de Québec, her s.2(b) jurisprudence on freedom of expression has attracted less scholarly attention. This article highlights Justice Abella’s leadership under s.2(b) in protecting expressive freedom’s democratic values, developing a more robust form of proportionality balancing under s.1, and advocating for doctrinal recognition of freedom of the press and media as an independent …


Using Object Density To Modulate Tension Responses, Yidi Edith Wang Apr 2025

Using Object Density To Modulate Tension Responses, Yidi Edith Wang

Level Design Theses and Dissertations

This thesis investigates the connection between object density and player tension in video games. Expanding on Canny Yuan’s work, “Using Spatial Composition to Influence Player Tension”, the researcher introduced a quantitative approach to measuring room density and posits that increased navigable space can lower player tension. To test this hypothesis, the researcher developed a custom single-player level, “Veylmoor”, in The Elder Scrolls V: Skyrim. The level is composed of rooms with systematically varied spatial layouts and navigable areas, allowing for controlled analysis of spatial density. The researcher quantified room density using four methodologies implemented through custom C# scripts. The …


Best Practices For Spatial Composition For A Pacing Curve In Combat Design, Alan Lemerande Apr 2025

Best Practices For Spatial Composition For A Pacing Curve In Combat Design, Alan Lemerande

Level Design Theses and Dissertations

This thesis explores the best practices for adjusting the level of pacing experienced by players within video games using terminology defined by Mark Davies: threat, tension, tempo, and movement impetus. Using the Dying Light editor, the researcher created a single-player video game level in which pacing was developed following a curve. The goal of creating this level was to demonstrate the success and proper implementation of the best practices identified through research.


Clinical, Radiological Characteristics And Outcomes Of Primary Headache In Children At A Tertiary Hospital In Kenya: A Retrospective Observational Study, Dorcas Tunje, Katherine Oyieke, Pauline Samia Apr 2025

Clinical, Radiological Characteristics And Outcomes Of Primary Headache In Children At A Tertiary Hospital In Kenya: A Retrospective Observational Study, Dorcas Tunje, Katherine Oyieke, Pauline Samia

Paediatrics and Child Health, East Africa

We sought to describe the clinical, radiological characteristics and determine the outcomes of children with primary headache. A retrospective observational study was conducted. Children with primary headache were recruited. Demographic, clinical and radiological data were compiled. Visual Analog Scale was used to determine pain severity. Seventy-three patients were included in the study. Their median age was 10.0 (IQR: 8.0-12.0) years, and 38 (52.1%) were female. Fiftyfour (74.0%) had migraine headache. Majority, 50 (68.5%) reported severe headaches at presentation. Three (4.1%) patients had abnormal findings on MRI while 5 (6.8%) patients had abnormal findings on EEG. Most participants were pain free …


Dangerous Digital Standing: Applying Spokeo And Transunion To Online Privacy Harms, Michael E. Ten Eyck Apr 2025

Dangerous Digital Standing: Applying Spokeo And Transunion To Online Privacy Harms, Michael E. Ten Eyck

Vanderbilt Journal of Entertainment & Technology Law

In recent years, the California Invasion of Privacy Act (CIPA) has been used to sue website-holding companies for utilizing chat bots that record online conversations. Such claims have already generated high-profile class actions and multidistrict litigations, with many more expected. Because CIPA violations often occur writ large when websites retain data from their chat boxes, and the statute imposes relatively high damages, there exists an incentive for plaintiffs’ attorneys to seek out aggregated claims, generating time-consuming litigation. Meanwhile, the harms suffered by those bringing suit fall under the category of intangible privacy harms. The US Court of Appeals for the …


“A Wonderful World?”: C&S’S Georgia Plan, Urban Renewal, And Historic Preservation In Savannah, Augusta, And Macon, J. Mark Souther Apr 2025

“A Wonderful World?”: C&S’S Georgia Plan, Urban Renewal, And Historic Preservation In Savannah, Augusta, And Macon, J. Mark Souther

History Faculty Publications

No abstract provided.


Holding Ground In The Cerulean Tide: Minority Party Legislators' Strategies For Advancing Climate Policies In Landslide States, Sukjae Lee Apr 2025

Holding Ground In The Cerulean Tide: Minority Party Legislators' Strategies For Advancing Climate Policies In Landslide States, Sukjae Lee

Dissertations and Doctoral Documents, University of Nebraska-Lincoln, 2023–

This dissertation addresses a key puzzle: Why do states sometimes adopt nationally polarized policies, such as climate change legislation, even when doing so does not align with strict partisan interests? The analysis focuses on “landslide states,” where a single party overwhelmingly dominates, and the minority party cannot realistically expect to gain a majority. In these environments, reduced partisan conflict allows minority party legislators to break from traditional partisan paths. As a result, I argue that electoral motivations drive them to signal moderation by advancing liberal policy agendas or incorporating provisions that minimize backlash from their core constituents in landslide states. …


Everyday Storytelling: The Function, Meaning, And Impact Of College Student's Storytelling And Storylistening, Sophie K. Richards Apr 2025

Everyday Storytelling: The Function, Meaning, And Impact Of College Student's Storytelling And Storylistening, Sophie K. Richards

Department of Communication Studies: Dissertations, Theses, and Student Research

The current study investigated the stories that 102 college students heard and told through the course of a 1-day diary study with surveys administered at four timepoints. Investigated through the perspective of the small story framework (Bamberg & Georgakopoulou, 2008), everyday talk (Goldsmith & Baxter, 1996) and Communicated Narrative Sense-Making (CNSM) theory (Koenig Kellas, 2022), participants reported about the stories that they heard and told throughout their day, as well as completed self-report measures of well-being. The study aimed to understand the characteristics of everyday stories, the functions they serve, the meanings they hold, and their impact on well-being. Participants …


Giving Voice To Student Grief: Using Community-Based Participatory Research To Develop And Pilot A Translational Storytelling Intervention For Bereaved College Students, Cassidy Rae Taladay-Carter Apr 2025

Giving Voice To Student Grief: Using Community-Based Participatory Research To Develop And Pilot A Translational Storytelling Intervention For Bereaved College Students, Cassidy Rae Taladay-Carter

Department of Communication Studies: Dissertations, Theses, and Student Research

The purpose of this dissertation was to employ community-based participatory research (CBPR, Wallerstein et al., 2018) methods to attend to a pressing issue in the community. In partnership with one local grief center, we identified the need for enhanced grief support for current emerging adult undergraduate students in our area. Nearly 50% of U.S. emerging adults enrolled in four-year residential universities experience the death of an important figure (Cox et al., 2015; Cupit et al., 2021), at a time when they are developing important facets of their narrative identity. Without the coherence and meaning structures provided by narrative identity, students …


Courting A New International Order: The Evolution Of The International Humanitarian Law Community On Addressing Hybrid Security Threats, Barrett Ahn Apr 2025

Courting A New International Order: The Evolution Of The International Humanitarian Law Community On Addressing Hybrid Security Threats, Barrett Ahn

Switzerland: International Studies and Multilateral Diplomacy

As state and non-state actors become more interconnected through the advent of sophisticated technology, diverse forms of media, and the development of digital infrastructure, new threats of a hybrid nature are emerging. The international humanitarian law (IHL) community is reassessing how IHL can apply and adapt to the hybridity of non-traditional warfare. This research paper explores the challenges to IHL surging from two branches of hybrid security threats: cognitive/psychological operations and cyber operations. Through interviews with experts in the fields of IHL, international law, cybersecurity, and international relations, along with the analysis of secondary sources and central IHL treaties (the …


Comparative Analyses Of Neurorehabilitation Regulations And Health Equity In The U.S., Switzerland, And China: Implications For Universal Health Coverage, Linyue Lu Apr 2025

Comparative Analyses Of Neurorehabilitation Regulations And Health Equity In The U.S., Switzerland, And China: Implications For Universal Health Coverage, Linyue Lu

Switzerland: Global Health and Development Policy

Introduction: As populations age and the burden of neurological conditions rises, equitable access to neurorehabilitation has emerged as a critical yet under-addressed component of Universal Health Coverage (UHC). This comparative study examines how healthcare structures in the United States, Switzerland, and China shape neurorehabilitation equity. Methods: This analysis combines semi-structured interviews with seven healthcare experts (neurorehabilitation clinicians, health economists, and scholars) and a systematic review of peer-reviewed literature, policy documents, and demographic data. Results: In the U.S., fragmented insurance models and high out-of-pocket costs disproportionately limit access for low-income and rural populations. Switzerland’s universal coverage masks the inequities driven by …


Mexico’S Ngos: Medical Mission Network Mexico Red Materno Infantil’S Effectiveness And Strategy Employed To Combat Maternal Mortality In Mexico., Yadira Gonzalez Apr 2025

Mexico’S Ngos: Medical Mission Network Mexico Red Materno Infantil’S Effectiveness And Strategy Employed To Combat Maternal Mortality In Mexico., Yadira Gonzalez

Switzerland: Global Health and Development Policy

This qualitative case study investigates the role of two non-governmental non-profit organizations. Medical Mission Mexico is a non-profit civil association in Chetumal, Quintana Roo and Red Materno Infantil is a civil society organization in Mexico City. Through expert interviews and case study analysis this research explores how each organization implements strategies tailored to the distinct needs of urban and rural populations. The findings reveal that while both organizations work toward the same maternal health outcomes, their methods are different but still focus on education, community trust, and advocacy. This paper emphasizes the value of these organizations, their strategies, and the …


Comic Book Superheroes Are No Modern Mythology, But They Are In A Vital Way Ancient Greek, Jeremy Barris Apr 2025

Comic Book Superheroes Are No Modern Mythology, But They Are In A Vital Way Ancient Greek, Jeremy Barris

Humanities Faculty Research

Comic book superheroes have been widely discussed as modern mythology: in other words, as a modem version of what religious mythology was for cultures in which it was alive. I shall argue, first, that comic book superhero stories are not remotely an analogue to religious myths. As it happens, however, cultures for which religious mythology is alive do offer us other conceptual resources that we lack for fully understanding our own comic book superheroes. These resources belong to a different part of the general conceptual package which goes with cultural engineering of a living mythology. On the positive side, then, …


Crusading Against Vice In The Progressive Era: American Anti-Profanity Leagues And Their Legacy, Evan J. Christensen Apr 2025

Crusading Against Vice In The Progressive Era: American Anti-Profanity Leagues And Their Legacy, Evan J. Christensen

Roland D. Sawyer Scholarship Papers

During the Progressive Era in the United States, the rise of Anti-Profanity Leagues—such as those led by Roland D. Sawyer and Arthur S. Colborne—mirrored a growing national moral sentiment against profanity that aligned with broader ideals of social reform and public virtue. These leagues responded to widespread concerns about the perceived erosion of public decency and sought to promote “clean speech” through grassroots organizing, religious engagement, and civic advocacy. This paper situates the Anti-Profanity Leagues within the larger framework of Progressive Era moral reform movements, including temperance, anti-vice campaigns, and social purity efforts. Drawing on period newspapers, archival materials, and …