Digital Commons Network^™

Procedural Drift: How Judicial Restraint Enables Legalized Backsliding, Dessie Otachliska

Washington and Lee Law Review

This Article introduces Procedural Drift, a new theory of constitutional erosion in which legality itself enables democratic decline. Legal forms remain intact, but their constraining force quietly recedes as procedural doctrines withdraw courts from sites of contestation. Executive power expands not by defying law, but by strategically complying with it—exploiting judicial restraint to evade review.

Building on Bruce Ackerman’s theory of constitutional moments and Kim Lane Scheppele’s concept of autocratic legalism, this Article develops a U.S.-specific account of democratic backsliding that is lawful, gradual, and institutionally embedded. It traces how judicial restraint—operating amid partisan alignment and epistemic fragmentation—erodes legal checks …

Reimagining International Investment Law For The Age Of Minerals, Taylor Nchako

Washington and Lee Law Review

New technologies––from artificial intelligence (AI) and electric vehicles to medical devices and consumer electronics––demand an ever-increasing amount of minerals like lithium, cobalt, and copper. The United States requires these aptly named “critical” minerals to develop AI infrastructure, advance the clean energy transition, and remain economically competitive. As technology continues to advance at an astonishing pace, the U.S. has grown increasingly interested in securing critical minerals from sources in Africa. To obtain critical minerals, the U.S. must utilize investment treaties in its business dealings with African countries. At the same time, international investment law has garnered increased attention due to a …

Fur, Feathers, And Frameworks: The Federal Legal Landscape Of Animal Welfare In The United States And Switzerland, Michael Melch

Washington and Lee Law Review

The United States relies on a predominantly utilitarian, welfarist framework that regulates certain uses of animals while preserving their status as property. Switzerland embeds the concept of animal dignity in its constitutional and statutory law, formally recognizing animals as beings with intrinsic worth. This foundational divergence produces significant doctrinal and practical differences, including the breadth of species covered, the structure of legal obligations, and the normative goals of regulation.

This Note provides a comparative analysis of animal welfare laws in the United States and Switzerland, exploring their philosophical, legal, and practical dimensions. It examines the U.S.’s utilitarian approach, exemplified by …

Litigating The Youth Mental Health Crisis: Mechanisms To Regulate Addictive Social Media Design, Talia Elliott

Washington and Lee Law Review

While social media offers real benefits to users, such as providing access to information and facilitating the free exchange of ideas, excessive social media use is associated with increases in anxiety, depression, and other serious mental-health harms. Social media platforms are designed to maximize profit by capturing user attention, resulting in interfaces that are dangerously addictive and prone to exposing users to harmful content. Currently, social media users alone bear the burden of navigating the dangers of social media. This is untenable. Young users, whose less developed brains leave them more vulnerable to addictive design features, find self-regulation especially challenging. …

Cohesive Zone Modelling Of Fiber–Matrix Interface In Composite Materials, Arjun Myadam

Doctoral Dissertations and Master's Theses

Carbon Fiber reinforced polymers (CFRPs) are widely used in aerospace, automotive, and structural applications due to their high specific strength, stiffness, and design flexibility. Their mechanical performance is critically governed by the fiber–matrix interface which controls stress transfer and directly influences damage initiation, crack propagation, and fracture behaviour. The interface properties are quantified through the Interfacial Shear Strength (IFSS) and fracture energy, both serving as key indicators of composite integrity. Effective interfacial bonding is therefore essential to the composite’s strength. Nanoscale fiber surface modifications provide a promising approach to enhance interfacial bonding and can also impart multifunctionality. These multifunctionalities can …

Experimental-Motion-Driven Cfd Investigation Of Slosh Dynamics In Propellant Tanks Of Spacecraft And Launch Vehicles, Priyanshu Savaliya

Doctoral Dissertations and Master's Theses

Liquid sloshing in partially filled propellant tanks can generate transient forces and moments that affect spacecraft and launch vehicle stability, guidance, and control. This research develops a one-way experimental-to-Computational Fluid Dynamics (CFD) integration framework to investigate free-surface slosh behavior under realistic excitation conditions.

The overarching goal of this thesis is to develop and evaluate a one-way experimental-motion-driven computational framework for predicting liquid slosh response in a partially filled cylindrical tank. Rather than relying on idealized sinusoidal inputs, this work uses experimentally measured actuator-feedback motion as the prescribed excitation for high-fidelity CFD. The central objective is to establish the experimental and …

Enhancing Virtual Reality Cockpit Procedure Training With Haptic Feedback, Christian K. Jaedicke

Doctoral Dissertations and Master's Theses

Pilot training is time-consuming and costly, and not all phases require full-flight simulators or actual aircraft. Virtual reality (VR) offers a potential means to reduce cost and duration while supporting practical cockpit procedure training. While prior research in the VR domain suggests that providing haptic feedback can support training of muscular control and increase perceived immersion, it remains unclear whether haptic feedback improves spatial cognition in an unfamiliar VR environment. This study examined whether haptic feedback and cockpit complexity affected response time and position error under limited-visibility, time-constrained conditions in a VR cockpit environment (i.e., a quasi-blindfold cockpit check).

Grounded …

Taking The Thumb Off The Scale: Rebalancing Parental And Children’S Rights To Empower Child Protective Services, Sebastian Wagner

Utah Law Review

This Note provides background on the current legal framework of state prevention of child maltreatment in the United States. It discusses parental rights and the Parental Rights Doctrine, child rights in the United States, and how states prevent child maltreatment through child protective service agencies.

This Note also explores the legal landscape surrounding the balance of parental rights and children’s rights in child welfare cases. One of the central issues in the current framework is how the Parental Rights Doctrine can significantly limit the state’s ability to intervene in cases where children are at risk. State intervention, governed by vague …

The Law Of Health Equity, Govind Persad

Utah Law Review

Since 2025, health equity has faced increasing hostility from federal courts, agencies, and the executive branch. Yet health equity’s promise— to narrow stark health gaps along racial, economic, and other lines— remains urgent and widely endorsed by states, localities, and nongovernmental actors. Evaluating how health equity efforts might falter under or surmount these challenges requires understanding their legal underpinnings: the law of health equity.

This Article is the first in legal scholarship to comprehensively examine federal, state, and private sector health equity commitments. It reveals sustained societal recognition of health equity’s importance, while highlighting the need for more precise and …

Deporting Disability, Tania N. Valdez

Utah Law Review

Since the enactment of the earliest migration laws in the United States, people with disabilities have been targeted for exclusion and expulsion based on stereotypes that they are either dangerous or not productive. Although some of the pejorative language regarding disability in the Immigration and Nationality Act (INA) has changed over time, certain statutory provisions and the very structure of the INA still allow ableism to operate broadly in immigration adjudications. This Article focuses on the subtle, but pervasive, ways that immigration law disfavors noncitizens with disabilities. In particular, this Article examines ableism in the context of removal (commonly known …

Abortion (Re)Federalization, Gerald S. Dickinson

Utah Law Review

 This Article examines how the U.S. Supreme Court’s Dobbs v. Jackson Women’s Health Organization decision has opened an unconventional pathway for the development of a new form of “bottom-up constitutionalism” that could reshape federal abortion rights in the future. Traditionally, federal constitutional law has exerted a dominant influence over state laws and state court jurisprudence. The uniformity in abortion protections nationwide for decades was a product of the Roe v. Wade era of federal supremacy. However, Dobbs reversed this dynamic by dramatically curtailing federal constitutional authority over abortion, thereby leaving states as primary rights regulators. This Article focuses on the …

Learning From Lochner: When Children Are Harmed By Technological Revolutions, Brooke Hodson Davies

Utah Law Review

Drawing on parallels from child labor reform in the Second Industrial Revolution, this Note argues that stopping Big Tech’s harm to children in the Fourth Industrial Revolution requires Congressional legislation and judicial avoidance of Lochnerian approaches to the Constitution. Like its Big Business predecessors, today Big Tech maximizes profits by harming kids, necessitating government intervention of this market failure. Despite noble attempts, state-based efforts have been rendered relatively ineffective due to legislative non-uniformity, interstate competition, and enforcement limitations. Likewise, federal regulations currently in place fall short and even shield Big Tech from liability. Consequently, Congressional action is urgently needed. Critically, …

“Retalhos De Mim Costurados Por Nós” (A Patchwork Of Me, Stitched Together By Us), Marjorye Graves

MFA in Dance Theses

This document represents the culmination of my thesis project "Retalhos de Mim Costurados por Nós" (A Patchwork of Me, Stitched Together by Us), a choreographic project integrating scholarly perspectives from Dance and Social Justice, Phenomenology, and Somatics courses. Employing both dance film and solo live performance, the research interrogates the complexities of identity within the overlapping contexts of immigration, domestic violence, and motherhood. Through an embodied praxis, the project addresses the intersection of adversity and resilience, highlighting the transformative potential of community, cultural inheritance, and spirituality in my healing process.

Characteristics Of Intensive Care Unit Registries - Findings From The Global Registry Icu Datasets (Grid) Survey, Luigi Pisani, Paola Lecce, Cornelius Sendagire, Vrindha Pari, Carlo Olivieri, Rabiul Uddin, Diptesh Aryal, Priyantha Athapattu, Sean Bagshaw, Wangari Siika

Anaesthesiology, East Africa

Background: Intensive care unit registries, which aim to improve the quality of intensive care unit care through benchmarking and quality improvement initiatives, are active worldwide, with considerable dishomogeneity. We aimed to map core datasets, additional variables, and research activities of these registries.

Methods: A cross-sectional survey was disseminated to registry leads between October 2023 and June 2024. The survey was structured into four main topics: registry characteristics and coverage, core dataset features, additional modules, and registry-enabled research.

Results: Leads of 34/42 national registries responded (response rate 81%), covering 3,337 intensive care units, with a larger representation from …

Adjustment Challenges In The International Student Population At A Rural Mid-Size Midwestern University, Sara El Bizri Hussein

All NMU Master's Theses

This qualitative descriptive study explored the adjustment experiences of non-athlete international students attending a rural, mid-size Midwestern university and identified the challenges and supports that shaped their transition.

Guided by Berry’s acculturation framework and informed by theories of student integration and coping, data were collected through an initial survey and semi-structured interviews. Seven participants were interviewed. Interview transcripts were analyzed using open and focused coding procedures to identify recurring patterns and themes.

Analysis revealed that international student adjustment is multidimensional and influenced by social, academic, emotional, cultural, environmental, and structural factors. Three major themes emerged from the data: (1) Social …

Has Plant Domestication Compromised Plant Defensive Chemistry? Aphid Induced Stress In Tomatoes, Nhi Do, Satinderpal Kaur, Minxing Zhu, Esther N. Ngumbi

MICRO-CCS student projects

Tomato plants have natural defensive mechanisms.

Direct: Phenolics are secondary metabolites that can protect the plant by intoxicating the herbivores and/or producing strong repulsive odors.

Indirect: VOCs, Volatile Organic Chemicals, are gas phase signals that attract the predators of the attacking herbivore to the plant.

Domestication of plants may chemically alter these defenses by prioritizing fruit production over defensive traits.

We hypothesize that wild/ancient tomato plants would have a greater quantity of volatiles and increased concentration of leaf total phenolics compared to cultivated tomatoes during aphid herbivory.

Screening A Random Hile Mutant Library To Characterize Hild Regulation In Salmonella, Danista Kannah, Gracious Donkor, James M. Slauch

MICRO-CCS student projects

Salmonella is a leading cause of gastrointestinal diseases globally. It utilizes a type three secretion system (T3SS) encoded on Salmonella Pathogenicity Island 1 (SPI1) to invade host intestinal epithelial cells during infection.

HilE directly regulates HilD via a direct protein-protein interaction. The Slauch lab identified two HilD variants, A141V and A141T, which are blind to HilE. These variants activate hilA expression even in the presence of HilE, indicating that the binding of HilE to these mutants is compromised.

Hypothesis: Performing random mutagenesis of hilE could lead to changes at the protein level which could compensate for the loss of interaction …

Efficacy And Evolutionary Dynamics Of 222 Nm Far-Uvc Against Vibrio Cholerae, Kadicha Madakimova, Angus Wu, Nkrumah Grant

MICRO-CCS student projects

The Far-UVC light at 222 nm wavelength (UV222) is one of the emerging methods of disinfection of bacteria in public spaces such as hospitals and labs.

• Does not penetrate human skin and does not cause harm to eyes making it a safer alternative to conventional UV systems.

• Primarily targets proteins preventing regrowth and repair pathways.

However, the potential for bacterial adaptation following sublethal UV222 exposure remains largely unknown.

Central question: How does QS transcriptional state influence the efficacy and resistance profile of V. cholerae to UV222 nm irradiation?

Hypothesis: Qurom-sensing transcriptional state determines V. cholerae susceptibility to UV222 nm UV …

Empowering Women Farmers Through Leadership And Entrepreneurship: A Pathway To Sustainable Development In North‑East Nigeria, Freda Ijanada Fidelis, Faith Debaniyu Ibrahim

Studia i Materiały Wydział Zarządzania Uniwersytet Warszawski

Purpose: This study explores the role of leadership engagement, decision‑making autonomy, and access to finance in boosting the empowerment of rural women farmers in conflict‑affected areas of North‑East Nigeria. The objective is to furnish empirical evidence regarding the impact of these elements on women’s socioeconomic empowerment and entrepreneurial achievements, thereby contributing to the discourse on sustainable development.

Design/Methodology/Approach: The study utilises a quantitative research approach employing survey data obtained from 1,146 rural women recipients across three states in North‑East Nigeria. Data were analysed using advanced statistical approaches to test the hypothesised links between leadership engagement, decision‑making autonomy, financial access, and …

The Gravity Of The Ukraine War: Measuring Conflict Impacts On European Grain Trade, Stefan Bonchis

Graduate Theses and Dissertations

This thesis investigates the heterogeneous structural disruptions caused by the war in Ukraine on the European Union’s agricultural trade architecture, focusing on three critical commodities: wheat, maize, and sunflower seeds. Employing a structural gravity model framework across all 27 EU Member States, the study evaluates two conflict episodes, the 2014 Crimea annexation and the 2022 full-scale invasion, to identify the net beneficiaries and heavily impacted nations within the EU agricultural trade network. The empirical strategy utilizes a dual-test design to capture the full scope of the disruption. Test A (Ukraine towards the EU trade) reveals a distinct geographic logic in …

Illusory Copyright And The Private Censorship Of Art History, Peter J. Karol

Suffolk University Law School Faculty Works

This article makes a simple but in its own way startling claim: much 20th century U.S. visual art is not protected by copyright. These works were regularly “published” when they were first exhibited for sale in commercial galleries, often marketed through contemporaneous illustrated catalogs, almost always without copyright notice of any kind. They were thereby placed in the public domain. What is remarkable is the extent to which this reality has been ignored by artist estates and foundations and other art industry players. They operate on the incorrect, self-serving and generally unexamined assumption that most 20th century American art is …

Free Expression And Civil Rights On Campus: Consistency And The Kant-Rawls Heuristic, David M. Schizer

Faculty Scholarship

Universities learned hard lessons in the months after Hamas attacked Israel on October 7. 2023. This painful and challenging time highlighted the urgent need to pursue two critical goals, which sometimes are in tension with each other. First, universities have to protect academic freedom and free expression. This is their life blood. Second, universities also have to honor their legal and moral obligation to combat discrimination, including antisemitism.

Yet this is easier said than done. Protecting free expression means allowing speech that is controversial and even offensive. But this speech can contribute to a hostile environment. So, in seeking both …

How Wounded Healer Trainees Develop Self-Awareness Of Their Wounds And Use This Self-Awareness In Clinical Work, Nishi Ravi

Dissertations (1934 -)

The wounded healer, a concept originally introduced by Carl Jung (1951), characterizes individuals who, having undergone personal struggles or ‘wounding,’ feel inclined to alleviate the suffering of others. Extant literature attests to the prevalence of woundedness among counseling professionals and to the potential benefits and risks their wounds pose in clinical practice. Despite its widespread use across the literature, the wounded healer concept has yet to be formally and empirically operationalized, and this study addresses that gap by offering a concrete, empirically grounded definition of the construct. Yet, while wounded healers are increasingly recognized across counseling training contexts, little research …

Carrying The Midwife’S Bag Across The Atlantic: German Midwives And Paraprofessional Midwifery In The Us, 1850s-1920s, Melanie Simone Lorenz

Dissertations (1934 -)

This dissertation compares the occupational development of midwifery in the United States and Germany between the 1850s and the 1920s. It examines how midwifery in nineteenth-century Germany developed into an early paraprofession through its inclusion in the paramedical division of labor and the creation of professional associations and a trade journal. In the United States, by contrast, such a development did not occur. Instead, physicians excluded midwives from the emerging paramedical division of labor. Even though a dedicated group of German American physicians and midwives attempted to replicate the German model of midwifery in St. Louis, Missouri, this paraprofessional form …

Inclusive Peace Process From The Backdrop Of Theological Anthropology And Catholic Social Teaching: A Key To Preventing And Ending Violent Conflict, Colman Okechukwu Nwokoro

Dissertations (1934 -)

ABSTRACT INCLUSIVE PEACE PROCESS FROM THE BACKDROP OF THEOLOGICAL ANTHROPOLOGY AND CATHOLIC SOCIAL TEACHING: A KEY TO PREVENTING AND ENDING VIOLENT CONFLICT Violent conflicts and wars have created some of the worst challenges and chaos in world history. However, because humanity has endured these periods, resources have been invested in developing mechanisms and approaches to promote reconciliation and peace among warring or conflicting groups. An inclusive peace process aims to ensure that diverse groups are represented, allowing everyone’s voice to be heard through participation in conflict resolution and peace efforts. The goal is to prevent violence, de-escalate ongoing conflicts, or …

Pragmatic Conceptualism, Public Nuisance, And The American Opioid Litigation, Benjamin C. Zipursky

Washington and Lee Law Review

Public nuisance as a part of American tort law has been as high profile in the first decades of this century as products liability law was in the last several decades of the twentieth century. The American opioid litigation over the past decades is a spectacular example, filling headlines and generating billions of dollars of settlements. There is a plausible argument, however, that the doctrinal core of the opioid litigation is meritless because there simply is no “interference with public right” as required by public nuisance law. The first aim of this Article is to articulate and assess that argument. …

Equality Before Tax Law, Charles Delmotte

Washington and Lee Law Review

The income tax code is riddled with exceptions—exclusions, rate preferences, and deductions—that reduce tax burdens for dominant majorities and powerful interest groups. These carveouts now amount to an astonishing $1.9 trillion, equivalent to 75 percent of all federal income tax revenue. By granting policymakers discretion to allocate tax exceptions, the tax system not only invites capture but also the weaponization of taxation against disfavored economic and political groups. Yet despite the central role of these exceptions, tax scholars have not articulated a principle requiring taxation according to general rules.

This Article bridges philosophy with insights from political economy to reveal …

Universal Injunctions And The Executive-Judicial Relationship In America, Jeremy Kang

Senior Honors Theses

This thesis examines a specific type of legal controversy surrounding the Trump administration’s dealings with the judicial branch. Central to the matter is the concept of universal injunctions: how a federal court can enjoin even non-parties to a case from behaving in certain ways.

The history of universal injunctions, from pre-Enlightenment England to modern America, is initially discussed. Then special attention is given to their use against President Donald Trump in particular, culminating in the Supreme Court curtailing them, and district court judges ignoring the high court’s ruling. Finally, previous examples of conflict between the American executive and judicial branches …

Cerebrovascular Risk With Calcitonin Gene-Related Peptide Monoclonal Antibodies Versus Onabotulinumtoxina In Patients With Migraine: A Real-World Pharmacoepidemiologic Study In The National Institutes Of Health All Of Us Research Program, Sedat Gül, Bradley Ong, Stephen Trudeau, Nicolas Thompson, Hsiangkuo Yuan

Department of Jefferson Headache Center Papers and Presentations

AimTo evaluate whether initiation of calcitonin gene-related peptide (CGRP) monoclonal antibodies (mAbs) was non-inferior to initiation of onabotulinumtoxinA with respect to the hazard of ischemic stroke or transient ischemic attack (IS + TIA) in a real-world cohort of adults with migraine.MethodsWe conducted a retrospective, active-comparator, new-user pharmacoepidemiology study using the NIH All of Us Research Program Registered Tier Dataset (v8). Adults with migraine initiating CGRP mAbs (erenumab, fremanezumab, galcanezumab, eptinezumab) were compared with initiators of onabotulinumtoxinA from January 2018 through September 2023. The primary outcome was IS + TIA occurring more than 90 days after treatment initiation. Inverse probability of …

Metaphysics Of Parallel Heritage In The Formulation Of The Contemporary Cityscape, Ban Mohammed Sultan, Abbas Ali Hamza Al Greiza

Iraqi Journal of Architecture and Planning

In the contemporary globalized world, the metaphysical texts of parallel heritage play a vital role in preserving the identity and privacy of cities with historical cores by conveying both the authenticity of the past and the spirit of the age in architectural production. The research problem addresses a cognitive deficiency in reading the metaphysics of parallel heritage within the urban landscape of Haifa Street, proposing it as a text that mediates between heritage and contemporaneity. The research hypothesizes that these metaphysical texts contain a creative core that functions as a future-oriented cognitive model. Using a descriptive–analytical approach, the study analyzes …