Digital Commons Network^™

Thoughts On The Architecture Of Freedom Of Religion And Freedom Of Speech, Perry Dane

Notre Dame Law Review Reflection

This symposium was convened to explore the rights of businesses and employees to invoke freedom of religion or freedom of expression to resist certain forms of state regulation. The most immediate occasions for that discussion, at least for my purposes, are cases such as 303 Creative LLC v. Elenis, in which the Supreme Court upheld the right of a website designer to refuse to design a wedding website for a same-sex couple. These sorts of cases, which pit the religious or expressive rights of conscientious believers against the equality rights of others, have proliferated in recent years.

I have …

Toxic Discretion: Environmental Inequality And The Discretionary Function Exception, Sarah E. Barritt

Notre Dame Law Review Reflection

Environmental racism is far reaching and insidious, and each of these devastating instances and the institutional factors that led to them could and should be the subject of entire books in their own right. The EPA and other agencies of the United States government are complicit in multiple ways, not least of all through their abject failures to properly regulate private industry pollution in BIPOC communities. However, this Note has cabined its analysis to the government’s failure to warn these communities of environmental contamination, and what happens when it hides behind the discretionary function exception in ensuing litigation. To provide …

Ordinary Conscience And Pretend Offenses: Protecting Those Left Out Of Title Vii After Groff, Robin Fretwell Wilson, Michael J. Petersen

Notre Dame Law Review Reflection

Part I reviews America’s foundational commitment to fairness and transparency by government, as well as the deep respect the Founders believed should be accorded to conscience specifically.

Part II applauds the unanimous decision in Groff to walk back the Supreme Court’s grievous error in Trans World Airlines, Inc. v. Hardison. We canvas illustrative cases pre-Groff in which employees, notwithstanding Hardison’s “de minimis” burden standard, proceeded to trial, and instances in which employees did not. We also illustrate how, post-Groff, employees are, rightfully, having an easier time getting to trial.

Even as Groff makes actual Title …

Cleaning The Mess Of 303 Creative V. Elenis, Netta Barak-Corren

Notre Dame Law Review Reflection

No piece of academic writing can clean, by itself, the mess left by 303 Creative v. Elenis. Only the Court can. This symposium piece can only offer analytical clarity on 303 Creative, which can help to understand and organize the mess. I will proceed to do so in three steps. First, I point out the glaring omissions of the Court’s opinion and criticize the dangerous consequences of the Court’s inexplicable approach. Second, I discuss the inconsistency of the dissent and the truth it reveals about the unviability of its sweeping position. Finally, I argue that the only way …

Resolving Land Use Conflicts Without Zoning, Noah Austin

Notre Dame Law Review Reflection

This Note presumes the rise of mixed-use development, upzoning, and other deregulatory zoning schemes. It sets aside the question of whether the costs of exclusionary zoning outweigh its benefits to society. And it characterizes the return-of-nuisance problem as something to be mitigated while pursuing land use deregulation, not as a cause for slowing that deregulation.

To this end, this Note offers three possible solutions towards mitigating conflicts between competing land uses in deregulated regimes. This Note contends that where today’s deregulated developments do generate conflicts between conflicting use types, society would reap net benefit by weakening judicial protection of nuisance …

An Interpreted Journey Of Professional Growth Among Female Baccalaureate Nursing Students: A Hermeneutic Study Of Mindfulness Practices, Lorraine Santangelo

Dissertations

Nursing literature reveals that stress is a leading factor contributing to nursing student attrition, new nurses leaving the profession, and the reduction of positive formation of professional identity during prelicensure education and transition into professional practice, which jeopardizes the growth and replacement needs of the future nursing workforce. Despite extensive quantitative research suggesting mindfulness practices decreases stress and anxiety among college students, nursing students, and nurses, a paucity of qualitative studies exist to inform on the meaning of this experience from the nursing student perspective. Nursing literature also suggests that stress management techniques, cultivating awareness of personal values, and a …

Black Women And Maternal Health: Racism, Class And The New Jim Crow, Michelle García

Health Law Outlook

No abstract provided.

The Effects Of Writing Groups On Student Self-Efficacy, Katie Francom

Theses and Dissertations

High school students often lack confidence in their writing. One way to change this is by increasing their self-efficacy regarding writing. Previous studies suggest that writing groups have effectively improved students' self-efficacy in higher education. However, more must be done to see if this same intervention would succeed in high school. This study aimed to test this hypothesis and answer the question: How does participating in writing groups shape adolescents' writing self-efficacy? To do this, 57 11th-grade students participated in writing groups in an Honors English 11 class over a semester. For the study, they were surveyed about their writerly …

Arbey Labrada Arrechea V. Attorney General United States Of America

2024 Decisions

Agency

Morlin Vindel-Medina V. Attorney General United States Of America

2024 Decisions

Agency

Rose Mcavoy V. Dickinson College

2024 Decisions

USDC for the Middle District of Pennsylvania

Usa V. Matthew Nisbett

2024 Decisions

USDC for the District of New Jersey

In The Search Of Cosmopolitan Literacies: A Case Of Formerly Expatriated Language Teacher, Asiye Demir

Theses and Dissertations

Cosmopolitanism refers to becoming a world citizen who can live harmoniously with different cultures. Today, our classes in the United States have become diverse daily. While we teach students who can speak more than one language, our teachers are primarily monolingual and monocultural. Hence, teachers who can speak multiple languages are celebrated in the system (Pacheco et al., 2019). Expatriation refers to teacher mobility that can entail learning other languages and being exposed to different cultures. Expatriation, as a form of travel, is an essential construct for cosmopolitan literacies because cosmopolitan dispositions can be developed through traveling (Molz, 2006). Thus, …

Crystal Plasticity Modeling Of Heterogeneous Microstructure Of Additively Manufactured Metals, Md Mahabubur Rohoman

Theses and Dissertations

Additive manufacturing (AM) has emerged as a promising technique in the manufacturing industry for producing complex metal components as it provides shape freedom and simplistic processing chain.

Powder bed fusion is the widely used AM technique that uses laser or electron beam as the energy source to melt the metal powder and deposit it in a layer-by-layer fashion. While doing so, the previously molten layers are constantly are in re-heating and re-cooling processes which end up creating an intricate solidification for the deposited layers. Due to the complexity involved in the thermal cycles for the solidification process, columnar grains develop. …

Stem Identity In African American Middle School Students: A Phenomenological Study, Amara L. Alexander

Theses and Dissertations

Using a phenomenological approach, this action research study explored the influence of culturally sustaining teaching practices (Ladson-Billings, 2014; Paris 2012, 2021) to impact African American students STEM identity (Collins & Roberson, 2020). Qualitative data were generated through interviews with students, practitioner reflective notes, and classroom observations during the intervention. Analysis and interpretation of the data indicated student- participants had positive experiences during the intervention and the culturally sustaining STEM lessons positively impacted African American middle school students STEM identity. The implications of these findings for STEM curriculum writers, STEM education and STEM educators, particularly those in K-12 education.

Native American Nationalism: Chickasaw Identity And The Music Of Jerod Impichchaachaaha' Tate, Austin Davis

Theses and Dissertations

Native American nationalism in classical music has yet to be seriously researched and is not taught in music academia. One of the more well-known contemporary Native American composers is Chickasaw composer Jerod Impichchaachaaha’ Tate (b. 1968). Throughout his career, Tate has explored and expressed his identity as a Native American and Chickasaw citizen through his music. As a result, his compositional output is a rich resource for examining what Native American nationalism in classical music looks like and how it is utilized in his works.

In this document, I analyze three of Tate’s pieces written for orchestra: Tracing Mississippi, Ghost …

South Carolina School District Takeover: A Critical Policy Analysis, David Osworth

Theses and Dissertations

School takeover is a reform strategy where a school or district is placed into the control of a state or municipal government agency. Takeover has become increasingly popular in many states as an attempt to improve schools and district that are struggling either academically or financially. Takeover, however, is more likely to be implemented in districts serving a higher proportion of Black students. Due to the racialized nature of this policy this study uses a Critical Race Theory (CRT) methodology to engage in a critical policy analysis of school takeover in one rural school district in South Carolina. This study …

Unraveling The Impact Of The School-To-Prison Pipeline: Investigating Racial Disparities In Disciplinary Practices, Zelexis Croffie

Theses and Dissertations

This action research study sought to examine ways to narrow the racial discipline gap in South Carolina’s elementary schools. Employing both the Critical Race Theory and BlackCrit in schools as the theoretical frameworks, the research delved into the narratives of teachers in grades 3^rd through 5^th, exploring their encounters with school-based disciplinary practices. The study integrated Social-Emotional Learning and Culturally Responsive Teaching to ultimately uncover implicit biases held by teachers that positioned Black students as less innocent compared to their White counterparts. The primary focus was to investigate the relationship between teachers’ inequitable disciplinary practices and the …

The Impact Of A Professional Learning Community On Direct Care Staffs’ Self-Efficacy In Promoting Social—Emotional Learning Skills, Tiffany Drahota

Theses and Dissertations

This qualitative collective case study documented three early childhood educators’ participation in a professional learning community (PLC) focused on promoting children’s social–emotional skills. Particularly, it illuminated the impact of a PLC on the direct care staffs’ self-efficacy related to the promotion of the specified skills. Self-efficacy strongly predicts a person’s willingness to persist through challenges, attempt a new task, and exert sufficient effort toward completion. Self-efficacy is highly influenced by social factors including peer observations and discourse (Bandura, 1977). PLCs are a form of professional development that focuses heavily on social interactions such as communication, collaboration, and group goal setting …

Quantification Of Immunometabolite Derived Protein Modifications During Mitochondrial Metabolic Stress, Justin Hunter Cox

Theses and Dissertations

The immunometabolite itaconate accumulates during lipopolysaccharide (LPS) stimulation of macrophages and microglia. Itaconate non-enzymatically reacts with cysteine residues to generate 2,3-dicarboxypropylcysteine (2,3-DCP), referred to as protein dicarboxypropylation. The tricarboxylic acid (TCA) cycle metabolite fumarate non-enzymatically reacts with the amino acid cysteine to form S-(2-succino)-cysteine (2SC), resulting in irreversible protein succination. Since fumarate and itaconate levels dynamically change in activated immune cells, the levels of both 2SC and 2,3-DCP reflect the abundance of these metabolites and their capacity to modify protein structure and function. I generated esters of 2SC and 2,3-DCP from protein hydrolysates and used stable isotope dilution liquid chromatography-tandem …

On The Use Of Cfd Modeling And Analytic Methods To Describe Pressure Drop In Highly Dense Structured Adsorbents In Gas Separation Processes And Fundamentals Of Adsorption, Ryan Timothy Sanders

Theses and Dissertations

The scope of this work can be divided into two main thrusts on topics found within adsorption. The first, and primary, topic is the use of CFD and analytical modeling to describe the flow of gas through a parallel, structured adsorbent channel which is described in Chapters 1 and 2. Chapter 1 establishes a non-experimental methodology based on using a 3D Navier-Stokes (NS) computational fluid dynamics (CFD) model in lieu of experiments, for developing 1D axial pressure drop correlations for structured adsorbents with parallel channels. Chapter 2 utilizes the methodology established in Chapter 1 in order to develop a new …

Cell Based Sodium Alginate Microcapsules Within Ocular Disease: A Proof Of Concept, Chelsea Marie Zizzi

Theses and Dissertations

Sodium alginate is a natural polymer that has been widely used as a drug delivery system due to its controlled-release qualities and low cellular toxicity. These capsules are effective at transporting therapeutics in various diseased animal models. Retinitis Pigmentosa is an incurable genetic disease affecting the retina, which causes gradual blindness as the disease progresses. In our study, we injected cell-based sodium alginate capsules into the vitreous cavity of C57BL/6 and Pde6b^rd10/J mice to observe the migration of these capsules in both wildtype and diseased mouse models over a course of 2 weeks. Our intention was …

An Emic Conceptualization Of Veteran, “You're Either One Of Two Things; You're Captain America Or You're Broken”, Steven Wahle

Theses and Dissertations

The Global War on Terror (GWOT) conflicts have been sustained by an all-volunteer force for over 20 years. There have been no drafts, war bond drives, nor rationing. This is a departure from previous prolonged military conflicts in U.S. history. Volunteers with veteran status are often venerated publicly to express gratitude for their voluntary military service. However, the criterion for veteran status is inconsistent.

In the U.S., former military members tend to be regarded on one of two ends of a spectrum as archetypes in attempts to honor such service. On one end is the veteran hero veteran to be …

Perspectives From Caregivers For Children With Retinoblastoma: Psychosocial Concerns And Genetic Counseling, Kayla Marie Lashinger

Theses and Dissertations

Caregivers play a vital role in the care of children affected with retinoblastoma as most cases are diagnosed before the age of five years old. While previous studies have explored the psychosocial needs of caregivers of children with pediatric cancer, these have not specifically focused on retinoblastoma in the United States (US). Prior research identified the profound emotional burden in terms of depression, anxiety, guilt, isolation, and loneliness experienced by caregivers. Given previous findings and the National Cancer Institute’s recommendation for genetic counseling and testing for all individuals affected with retinoblastoma, this study aimed to assess psychosocial concerns in relation …

Action Research On Instructional Scaffolding In Information Literacy Instruction For Community College Students, Huyen Maluck

Theses and Dissertations

The purpose of this action research was to evaluate the effect of instructional scaffolding on information literacy skills of college students in an English Composition I (ENG 101) course at Urban Community College in the Southeast. Information literacy is defined as a set of skills to recognize an information need as well as locate, evaluate, and effectively use information (American Library Association, 2021). Community college students may have insufficiencies in their information literacy skills due to lack prior information literacy experience in academic libraries or completing research projects (Head, 2013; Hincliffe et al., 2018). I developed an intervention that involved …

Simultaneous Crack & Wave Propagation And Acoustic Emission Signal Modelling Using Peri-Elastodynamic, Md Mushfiqur Rahman Fahim

Theses and Dissertations

This work presents the use of Peri-Elastodynamic, a guided wave simulation method based on meshfree non-local Peridynamics theory. To model simultaneous crack and wave propagation simulation and its application on Acoustic Emission (AE) signal modelling, a new formulation is presented. The field of nondestructive evaluation (NDE) and structural health monitoring (SHM) is slowly embracing the advancement in Machine Learning (ML) / Artificial Intelligence (AI) for better and cost-effective assessment of structures and damage prediction. AI/ML can revolutionize the NDE/SHM field by automating the data collection and analyzing processes. However, the big challenge is that the model needs a sheer amount …

Mental Trauma, Colonial Mimicry, And Internalized Racism In Tsitsi Dangarembga's The Book Of Not, Lily Kay Lynn Cook

Theses and Dissertations

Tsitsi Dangarembga’s second novel in her Nervous Conditions trilogy, The Book of Not (2006) emphasizes the disabling nature of colonial domination and terror through pain and violence inflicted on the body and the mind. Through the use of Frantz Fanon’s colonial and post-colonial theory and Homi Bhabha’s concept of colonial mimicry the critical nature of Tambudzai—the main protagonist—position in the novel becomes apparent. Just as the title suggests, the novel becomes a book of negation and unbecoming as Tambudzai tries to find her place as a woman in Southern Rhodesia while attending a European colonial institution while war rages just …

Economic Empowerment Of Young Women In Southern Uganda: An Embedded Mixed-Methods Dissertation Study, Josephine Nabayinda

Brown School Graduate Student Theses and Dissertations

Prioritizing economic empowerment of young women is necessary for achieving gender equality and promoting sustainable development, as it is intertwined with sociocultural, familial, legal, political, and psychological practices that foster gender equality. Empowering women economically can help them gain control over their financial future, break free from the vicious cycle of poverty and inequality, and achieve autonomy and agency over their lives. Guided by the asset theory and the theory of gender and power, this dissertation employed an embedded mixed-methods approach to examine the economic empowerment of young women in Southern Uganda focusing on three aims. Aim 1 examined the …

Is Defensive Medicine Increasing Or Decreasing Risk Of Lawsuits, Alec Mais

Health Law Outlook

No abstract provided.

A Call To Action: The Need For Uniform Healthcare Standards For Incarcerated Pregnant Women In U.S. Jails & Prisons, Victoria K. Mastrofilippo

Health Law Outlook

No abstract provided.