Digital Commons Network^™

A Major Question For Administrative Law: How Are Courts Applying The Major Questions Doctrine Post West Virginia V. Epa?, Christopher Eckhardt

Catholic University Law Review

On June 30, 2022, judicial deference toward actions of administrative agencies took a significant hit. In West Virginia v. EPA, the Court formally recognized—for the first time—the major questions doctrine, which requires agencies to identify clear congressional authorization when claiming the authority to make decisions of vast economic and political significance. Since June 30, 2022, the Supreme Court has utilized the major questions doctrine in decisions of national importance, including topics ranging from environmental protection efforts to cancelling student debt. This note offers a snapshot of how the major questions doctrine has been applied by federal courts across the country …

Presidents, Congress, And Classified Information: The Constitutional Limitations And Processes Required To Declassify Information, Nick Dunard

Catholic University Law Review

On August 8 2022, the Federal Bureau of Investigation executed a search warrant at former President Donald Trump’s Mar-a-Lago Resort. The search uncovered hundreds of documents bearing various classification and governmental markings. On June 8, 2023, Trump was indicted in the Southern District of Florida on thirty-seven counts of unlawful retention of national defense information. Almost immediately after the search, the former President and his allies advanced a theory that Trump’s retention of classified documents was permissible because he had declassified the documents before leaving office on January 20, 2021. The former President has repeatedly mentioned these arguments in both …

Pillar 2 And Specific Benefits For Multinationals, Reuven S. Avi-Yonah

Articles

In a recent column, Tax Notes’ Martin Sullivan asked whether a country that wishes to neutralize the effect of pillar 2 on its investment incentives can get around the OECD prohibition on a multinational enterprise receiving what amounts to a refund of the pillar 2 tax it pays to that country. He writes that:

It would make a mockery of the pillar 2 taxation system if an investment hub imposed a 15 percent minimum tax on a company — thereby shielding profit in that hub from other jurisdictions’ pillar 2 tax — and then, through a separate mechanism, unconditionally returned …

Toxicity Of Waterpipe Tobacco Smoking: The Role Of Flavors, Sweeteners, Humectants, And Charcoal, Nada O F Kassem, Robert M. Strongin, Andrea M. Stroup, Marielle C. Brinkman, Ahmad El-Hellani, Hanno C. Erythropel, Arash Etemadi, Maciej L. Goniewicz, Eleanore G. Hansen, Noura O. Kassem, Multiple Additional Authors

Chemistry Faculty Publications and Presentations

Waterpipe tobacco (WPT) smoking is a public health concern, particularly among youth and young adults. The global spread of WPT use has surged since the introduction of pre-packaged flavored and sweetened WPT, which is widely marketed as a safer tobacco alternative. Besides flavorants and sugars, WPT additives include humectants, which enhance the moisture and sweetness of WPT, act as solvents for flavors, and impart smoothness to the smoke, thus increasing appeal to users. In the United States (U.S.), unlike cigarette tobacco flavoring (with the exception of menthol), there is no FDA product standard or policy in place prohibiting sales of …

Understanding And Accessing North Korean Religion, Byun Jin Heung

Asia Pacific Mission Studies

Questions about North Korean religion always come with a question mark, and the general level of understanding about North Korean society is very low. This stems from doubts about North Korean communism. However, North Korea is a human society in which people live. As the society of North Korea has changed, so has the religion of North Korea. North Korea, especially after the collapse of the Cold War between East and West, has sought to change to survive and has used religion to gain recognition and acceptance from the international community. Religion has always been a tool to be used. …

Jeremy Store Petitioner/ Appellant V. Utah Labor Commission And Nakeishia Poulton, Respondents/Appellees : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from the Utah Labor Commission, Case No. 8-07-0448

Tyler James Larsen, Counsel for Appellant

Brian Jackson, Christopher Hill, Counsel for Appellee

Motif-Vi Loop Acts As A Nucleotide Valve In The West Nile Virus Ns3 Helicase, Priti Roy, Zachary Walter, Lauren Berish, Holly Ramage, Martin Mccullagh

Department of Microbiology and Immunology Faculty Papers

The Orthoflavivirus NS3 helicase (NS3h) is crucial in virus replication, representing a potential drug target for pathogenesis. NS3h utilizes nucleotide triphosphate (ATP) for hydrolysis energy to translocate on single-stranded nucleic acids, which is an important step in the unwinding of double-stranded nucleic acids. Intermediate states along the ATP hydrolysis cycle and conformational changes between these states, represent important yet difficult-to-identify targets for potential inhibitors. Extensive molecular dynamics simulations of West Nile virus NS3h+ssRNA in the apo, ATP, ADP+Pi and ADP bound states were used to model the conformational ensembles along this cycle. Energetic and structural clustering analyses depict a clear …

Woodhull Park 191 Llc V. W.M.

All Decisions

The landlord initiated a holdover proceeding against the tenant for allegedly illegally subletting the rent-stabilized apartment. The tenant defaulted at the inquest, but later filed an order to show cause to vacate the default judgment. The court granted respondent's order to show cause and vacated the default judgment and warrant pursuant to CPLR § 5015(a)(1). The court found that respondent had a reasonable excuse for her default and set forth potentially meritorious defenses of no illegal sublet. The court vacated the default judgment and warrant, and restored the proceeding for trial.

He Got The Car, She Got The . . . Future Kids? The Necessity Of Contemporaneous Consent In Certain Embryo Custody Disputes, Taryn Bewley

Arkansas Law Notes

New reproductive technology has created new questions that lawmakers must answer. Do surrogates have a right to the babies they deliver? Is it right to genetically select your future children? Should people be allowed to continually make embryos until they make an embryo of a girl—as Paris Hilton has done through seven rounds of IVF? Will legal analysis be changed by the possibility of making an embryo with genetic material from two members of the same sex? Yet, perhaps the most basic question has yet to truly be answered: if an embryo’s creators cannot come to an agreement, who gets …

Examining School Belonging And Academic Resilience Among Biliterate And Multilingual High School Students, Keila Moreno Navarrete

Theses and Dissertations

An increasing number of students in the United States identify as Hispanic or Latino/a. These students enter American classrooms from varying backgrounds with diverse talents. Many of these students are proficient in at least two languages. Unfortunately, Hispanic students are underrepresented in gifted and talented programs, nationwide. The present study contributes to the limited empirical research on talented, biliterate, Hispanic, first-generation, and second-generation immigrant students by investigating strength-based factors (i.e., academic resilience, biliteracy, and school belonging) using both quantitative and qualitative evidence. Quantitative data from 30 bilingual Hispanic high school students were collected through an online survey with items measuring …

Colonizing The Locker Room, Jethro K. Lieberman

Other Publications

No abstract provided.

Shaping A Culture Of Encounter In A Fragmented World: Culture, Politics, And The Promise Of Interreligious Dialogue, Leo D. Lefebure

Asia Pacific Mission Studies

We are constantly reminded on many different fronts that our global community is facing crises of major proportions. Of these, ethno-religious nationalism emerging in many different countries of the world, and the rapidly increasing destruction of our Earth's ecosystem manifested in the phenomenon termed “climate change,” stand out as key challenges facing all of us. Pope Francis has called on all people of good will to work together in stemming the tide of destruction, and highlights the importance of interreligious dialogue in his regard. This essay names five areas wherein interreligious dialogue and cooperation may be applied to usher in …

June 2024 Berkeley Pit Migratory Waterfowl Protection Monthly Report, Mark Thompson, Loren Burmeister

Silver Bow Creek/Butte Area Superfund Site

No abstract provided.

Report No.1: Conflict Prevention And Security Cooperation In The Arctic Region—Frameworks Of The Future, Walter Berbrick, Lars Saunes

Newport Arctic Scholars Initiative

The Arctic region, defined in this report to include the Arctic Ocean and land masses north of the Arctic Circle (approximately 66 degrees’ north latitude), has certainly seen its share of conflict. Compared to other regions, inhospitable conditions and lack of maritime access has prevented large scale deployment of forces. In this vast space — stretching from Europe to the Pacific Island chains — the foundations of commerce and security are established through sea, air, and rail links. The region relies on secure supply chain connectivity and sustainable development that is implemented in a transparent and equitable way. As fears …

Special Education Preschool Teachers’ Perspectives, Attitudes, And Self-Efficacy Towards Inclusive Education, Mieke Kramer Tavares

Dissertations

Purpose: The purpose of this study was to investigate the perspectives of special education preschool teachers in California regarding the inclusion of children with disabilities in general education preschool classrooms. Furthermore, the study examined the self-evaluation of these teachers regarding their abilities to support children with disabilities in general education classrooms. Last, the study aimed to identify additional factors that impact the attitudes of teachers towards including children with disabilities in general education preschool classrooms.

Methodology: A mixed methods nonexperimental descriptive, sequential, convergent research design was employed. Data collection tools included surveys (quantitative) and interviews (qualitative). In Phase 1, dependent …

Accuracy And Effectiveness Of An Orchestration Tool On Instructors' Interventions And Groups' Collaboration, Luettamae Lawrence, Emma Mercier, Taylor Tucker Parks, Nigel Bosch, Luc Paquette

Instructional Technology and Learning Sciences Faculty Publications

This paper presents the development of a novel orchestration tool that predicts collaborative problem-solving (CPS) behaviors of undergraduate engineering groups and investigates the use of that tool by instructors. We explore the impact of receiving real-time, machine-learning, model-based prompts on 1) instructors' orchestration strategies, which are strategies instructors use to manage and facilitate collaborative activities, and 2) groups' participation, including how groups are engaged in CPS activities. The orchestration tool is a dashboard that notifies instructors of–and advises them on–monitoring and intervening with groups who may need collaborative support and guidance. We describe the accuracy of the models in predicting …