Digital Commons Network^™

The First Amendment Right To Privacy, Alex Chemerinsky

Marquette Law Review

The First Amendment is often considered to be in tension with privacy. This

Article is about the contexts in which it is not.

Although freedom of speech can pose challenges for privacy governance,

privacy is a core First Amendment value. Many important First Amendment decisions were motivated more by intuitions about privacy than any other interest. For each primary First Amendment liberty—the rights to speak, listen, associate, and practice religion—the Supreme Court has recognized not only a

substantive liberty but also the right to exercise it privately.

But although expressive privacy is an important First Amendment value, it

remains underrecognized, …

Re-Evaluating Deshany In An Era Of Gun Violence And Government Inaction, Bonnie Carlson

Marquette Law Review

In DeShaney v. Winnebago County Department of Social Services, the Supreme Court held that the State has no constitutional duty to protect individuals from violence committed by private third parties. An exception to this rule exists when the State has a special relationship to the plaintiff immediately preceding the harm. The DeShaney Court sharply proscribed the scope of the special relationship exception, holding that it only applies when the State has a plaintiff in custody. This effectively closes the door on relief for the vast majority of 42 U.S.C. § 1983 plaintiffs.

This Article proposes a new special relationship test …

Back To The Fourth Amendment, Shea Daley Burdette

Marquette Law Review

Does the Fourth Amendment protect against governmental seizures of an individual’s digital property? The answer depends on whether government action constitutes a meaningful interference with digital property. Back to the Fourth Amendment considers the Founders’ intentional choice to use two separate words, search and seizure, to protect against governmental overreach. The Article advances an approach to the seizure analysis that protects against governmental seizures of digital property—by encouraging the Court to look at whether the government access meaningfully interfered with an owner’s right

to exclude, historically recognized as a possessory interest.

The Fourth Amendment was adopted in response to “reviled …

Arbitrating Justice: The Rise Of Mandatory Clauses, The Evolution Of Case Law, And The Future Of The Consumer Financial Protection Bureau In A Shifting Legal Landscape, Florence Shu-Blankson

Marquette Law Review

Mandatory arbitration clauses have become a common fixture in consumer and employment contracts, requiring individuals to resolve disputes through private arbitration rather than in court. These provisions often preclude class actions and limit appellate rights, raising significant concerns about transparency, fairness, and access to justice. While advocates argue that arbitration offers efficiency and cost savings, critics contend it erodes legal protection and disproportionately favors corporate interests. This Article explores the legal evolution of mandatory arbitration, focusing on key U.S. Supreme Court decisions—including Gilmer v. Interstate/Johnson Lane Corp., AT&T Mobility LLC v. Concepcion, and Epic Systems Corp. v. Lewis—that have progressively …

Standalone Frisks, Elias Neibart, Bobby Levine

Marquette Law Review

We all think we understand Terry v. Ohio. But we don’t. In fact, for decades, we’ve taken the wrong doctrinal lesson from Terry and its progeny.

Even though Terry discussed the constitutional standards surrounding “stop-and-frisks,” many of us have interpreted Terry as only permitting a “stop-and-then-a-frisk”—that is, a police officer is permitted to stop an individual on the suspicion that he is about to engage in criminal activity, and then, and only then, can that officer frisk the individual if he believes the suspect is armed and dangerous. But that’s not right. The Terry Court never said that. And …

Decoding The Path Of Constitutional Exclusion In Wisconsin Digital Evidence Cases, Amelia Boruch

Marquette Law Review

Criminal cases involving novel digital evidence warrants often raise constitutional and suppression issues. As these constitutional issues become harder to resolve, resolution of the suppression issues becomes easier to predict. Where officers obtain warrants to use cutting-edge investigative techniques in the absence of any legal authority, it is unlikely that evidence obtained pursuant to those warrants will be suppressed under the exclusionary rule. Even if the exclusionary rule were “triggered,” the good faith exception would likely apply to preclude suppression. Either way, the outcome is clear: suppression is unlikely.

Confidence in the outcome of these suppression issues has seemingly taken …

Multilayer Adaptive And Cooperative Control Of Pipeline Systems: From Local Loop Adaptation To Distributed Game-Theoretic Coordination, David Brattley

Dissertations, Master's Theses and Master's Reports

This dissertation presents a unified adaptive and coordinated control architecture for multi-station centrifugal pump pipeline systems operating under dynamic hydraulic conditions. Local controller adaptability is achieved using a variable-forgetting-factor Recursive Least Squares (RLS) algorithm, which continuously estimates process parameters to adjust controller gains in real time. To prevent excessive effort and controller-induced instability, a reinforcement-learning supervisory layer based on Q-learning is implemented to determine optimal adaptation-activation policies.

For pipeline systems with multiple pump stations, a game-theoretic coordination layer is introduced to balance discharge-pressure contributions, minimize pressure oscillations, and improve energy distribution across geographically distributed assets. Cooperative and non-cooperative strategies are …

System-Level Assessment Of Non-Ideal Phase Change Material Behavior In Low Earth Orbit Spacecraft Thermal Control Models, Nathan S. Bruursema

Dissertations, Master's Theses and Master's Reports

Phase change materials (PCMs) are of interest in spacecraft thermal control because their latent heat capacity can provide passive thermal buffering during transient or cyclic heat loads. PCM behavior is often treated using idealized assumptions such as repeatable phase transition temperatures, consistent thermal accessibility across cycles, and full latent recovery. However, practical PCM behavior may be affected by non-ideal phenomena such as supercooling, interfacial resistance, and degradation of internal transport accessibility. This thesis examines the system-level relevance of these effects for low Earth orbit (LEO) spacecraft thermal control and identifies the operating conditions under which non-ideal PCM behavior becomes design-relevant. …

Allyship And Social Support Networks: Examining Feelings Of Safety And Confidence Among Lgbtq+ Sports Officials, Jacob K. Tingle, B. L. Jacobs, A. C. Baeth, M. Katz, C. C. Zvosec

School of Business Faculty Research

For LGBTQ+ employees, research has indicated they feel othered, isolated, and unwelcome within their work communities. In other settings, social networks have been shown to provide stability and a sense of belonging that increases factors associated with mental health, such as self-care, stress moderation, and increased coping behaviors. Because of this, we examined the social networks of self-identified LGBTQ+ sports officials utilizing egocentric network analysis to better understand the influence of LGBTQ+ officials’ social networks on their feelings of safety and confidence and decisions to continue officiating. Participants responded to questions about people (alters) they considered to be allies in …

When We Are Alone (2016) By David A. Robertson, Maughn Rollins Gregory

Picture Books

In the nineteenth and twentieth centuries American and Canadian government agencies and Christian churches established Indian residential schools where hundreds of thousands of children were “reeducated” in English and Christianity. They were not allowed to use their native languages or given names, to practice their religions, or to communicate with their siblings or parents. They were made to work in crop fields, kitchens, laundries, and industrial workshops. Many were physically and sexually abused. Many never saw their families again. The nine picture books reviewed here are accounts of survivors of residential schools from eight different Indigenous nations. In addition to …

Coming Home: A Hopi Resistance Story (2024) Coming Home: A Hopi Resistance Story, Maughn Rollins Gregory

Picture Books

In the nineteenth and twentieth centuries American and Canadian government agencies and Christian churches established Indian residential schools where hundreds of thousands of children were “reeducated” in English and Christianity. They were not allowed to use their native languages or given names, to practice their religions, or to communicate with their siblings or parents. They were made to work in crop fields, kitchens, laundries, and industrial workshops. Many were physically and sexually abused. Many never saw their families again. The nine picture books reviewed here are accounts of survivors of residential schools from eight different Indigenous nations. In addition to …

Secret Pocket (2023) By Peggy Janicki, Maughn Rollins Gregory

Picture Books

In the nineteenth and twentieth centuries American and Canadian government agencies and Christian churches established Indian residential schools where hundreds of thousands of children were “reeducated” in English and Christianity. They were not allowed to use their native languages or given names, to practice their religions, or to communicate with their siblings or parents. They were made to work in crop fields, kitchens, laundries, and industrial workshops. Many were physically and sexually abused. Many never saw their families again. The nine picture books reviewed here are accounts of survivors of residential schools from eight different Indigenous nations. In addition to …

Walking Together (2023) By Elder Albert Marshall And Louise Zimanyi, Maughn Rollins Gregory

Picture Books

In the nineteenth and twentieth centuries American and Canadian government agencies and Christian churches established Indian residential schools where hundreds of thousands of children were “reeducated” in English and Christianity. They were not allowed to use their native languages or given names, to practice their religions, or to communicate with their siblings or parents. They were made to work in crop fields, kitchens, laundries, and industrial workshops. Many were physically and sexually abused. Many never saw their families again. The nine picture books reviewed here are accounts of survivors of residential schools from eight different Indigenous nations. In addition to …

I Am Not A Number (2019) By Jenny Kay Dupuis And Kathy Kacer, Maughn Rollins Gregory

Picture Books

In the nineteenth and twentieth centuries American and Canadian government agencies and Christian churches established Indian residential schools where hundreds of thousands of children were “reeducated” in English and Christianity. They were not allowed to use their native languages or given names, to practice their religions, or to communicate with their siblings or parents. They were made to work in crop fields, kitchens, laundries, and industrial workshops. Many were physically and sexually abused. Many never saw their families again. The nine picture books reviewed here are accounts of survivors of residential schools from eight different Indigenous nations. In addition to …

Red Bird Sings: The Story Of Zitkala-Ša (2011) By Gina Capaldi, Maughn Rollins Gregory

Picture Books

In the nineteenth and twentieth centuries American and Canadian government agencies and Christian churches established Indian residential schools where hundreds of thousands of children were “reeducated” in English and Christianity. They were not allowed to use their native languages or given names, to practice their religions, or to communicate with their siblings or parents. They were made to work in crop fields, kitchens, laundries, and industrial workshops. Many were physically and sexually abused. Many never saw their families again. The nine picture books reviewed here are accounts of survivors of residential schools from eight different Indigenous nations. In addition to …

Designing A Research Study: Controlling For A Variable And Using Chatgpt, Fritz Umbach

Open Educational Resources

This assignment uses a hypothetical society to help students understand the idea of “controlling for a variable” and practice applying it to a real-world research question. Students design a research approach to examine whether income differences are better explained by family background or by systemic prejudice, working within clear data limits. ChatGPT is used as a research guide to help students brainstorm, test, and revise their methods, while encouraging them to critically evaluate the usefulness and limits of AI-generated suggestions. The assignment emphasizes careful reasoning, clear research design, and thoughtful use of AI as a support for learning rather than …

Emergency Department-Initiated Standard Versus High-Dose Buprenorphine Induction (Envision): A Randomised Clinical Trial Protocol, Kathryn Hawk, Andrew Herring, Marek Chawarski, Erik S. Anderson, Michael Baumann, Alyrene Dorey, August F. Holtyn, Christopher Jones, Shara Martel, Patricia Owens, Kaitlin Kmiecik, Tania D. Strout, Peter Taillac, Michelle R. Lofwall, Sharon L. Walsh, Gail D’Onofrio

Center on Drug and Alcohol Research Faculty Publications

Introduction: The initiation of buprenorphine for patients with opioid use disorder (OUD) in the emergency department (ED) has been associated with improved outcomes including reduced ED visits and increased treatment engagement. Though both standard-dose (8 mg buprenorphine equivalent) and high-dose (24 mg buprenorphine equivalent) strategies to initiate buprenorphine have been used in the ED, no prospective trials comparing outcomes among patients receiving these treatments have been reported.

Methods and analysis: This multisite randomised clinical trial is a multisite double-blind, double-dummy, randomised clinical trial enrolling 360 emergency department patients with moderate-to-severe OUD. Enrolled patients will be randomised to one of two …

Evolution Of A Client‐Level Dataset: 20 Years Of National Child Traumatic Stress Network Data Collection, C. A. Purbeck, A. N. Cooke, L. J. Liang, C. Smith, J. Staten, J. Epstein, H. B. Hodgdon, Jessica Eslinger, A. Wells, J. Goodrich, T. H. Bethel, K. Willett, Y. C. Fu, J. A. Fairbank, E. C. Briggs

Center on Trauma and Children Faculty Publications

Objectives: For 20 years, the National Child Traumatic Stress Network's (NCTSN) data collection efforts have been a central mechanism for Clinical Quality Improvement (ClQI). The NCTSN is a federally funded initiative in the United States composed of programs dedicated to raising the standard of care and increasing access to services for children and families who have experienced traumatic events.

Methods: These efforts span three initiatives: the Core Data Set (CDS), the Clinical Improvement through Measurement Initiative (CIMI) Measurement Based Care (MBC), and CIMI Data Sharing (CIMI-DS) that collected and analyzed client-level data to improve care for children and families served …

The Table Between Us: Cultivating Intergenerational Discipleship And Belonging In The Local Church, James Irwin

Doctor of Ministry

Many members of Generation Z, born in the mid-1990s to the early 2010s, have grown up amid digital saturation, social fragmentation, mental health challenges, and institutional distrust. At Holy Savior Lutheran Church in Lincoln, Nebraska, many Gen Z participants seek deeper, more meaningful relationships beyond Sunday worship. This project addresses the concern expressed by these Gen Z members at Holy Savior.

This dissertation asserts that intergenerational ministry provides a theologically grounded, culturally responsive approach for engaging Gen Z in meaningful discipleship at Holy Savior Lutheran Church. By grounding this approach in Dietrich Bonhoeffer’s Sanctorum Communio and Life Together, and …

Form Vs. Function: Assessing The Effects Of The Paddle-And-Anvil Technique In Cooking Vessels, Annabel Hendrickson

Nebraska Anthropologist

This experimental study analyzed the effects of the paddle-and-anvil forming technique in conjunction with burnishing, with the goal of comparing vessel performance between different forming techniques. Due to the compaction of clay minerals involved in the paddling process, the paddled vessels were predicted to be less permeable, more heat conductive, easier to wash, and stronger than their un-paddled counterparts. The results did not reflect this hypothesis; instead, the tests showed that the effects of paddling and burnishing are not consistent across all aspects of vessel performance, reflecting the difference between vessel forming and surface finishing techniques and displaying the importance …

A Semiotic Analysis Of German-American Cultural Suppression In The Lincoln Freie Presse From 1914 To 1918, Elle Ward

Nebraska Anthropologist

This study performs a historical semiotic content analysis of the Lincoln Freie Presse to document the processes of cultural coercion and resultant identity erasure within the German- American press of Nebraska during the critical period of January 1914 to December 1918. The research establishes a semiotic baseline (1914–1916) characterized by high linguistic and content autonomy and then tracks the immediate, stark shifts following the U.S. entry into World War I (the coercion period) and the succeeding mass anti-German hysteria (1917–1918). Quantitative findings convey a rapid and overwhelming visual conquest of the newspaper’s spatio-textual landscape: patriotic symbolism surged from zero to …

Sancocho Leadership: Nurturing Leadership And Vocation Of Latinas, Miriam Méndez

Doctor of Leadership

Latinas are vital to the future of the American Baptist Churches of New Jersey (ABCNJ), but the church has failed to properly nurture and develop their pastoral leadership gifts. They contribute significantly to congregational life, pastoral care, community outreach, and theological imagination. However, their presence in formal pastoral leadership roles remains limited. This dissertation examines the structural, cultural, and theological factors that influence Latina pastoral development. The solution for developing Latina women into pastoral leadership positions in the ABCNJ is the introduction of a contextual, culturally rooted model called Sancocho Leadership. Drawing on practical theology, Latina feminist theology, and leadership …

Parental Incarceration As A Root Cause Of Food Insecurity: A Faith-Based Inquiry Into Grandparent-Led Households, Jennifer L. Eckert

Doctor of Leadership

Parental incarceration is often seen solely in terms of crime and punishment, overlooking the profound disruption that can destabilize entire households. Grandparents who step in to raise children are frequently left to bear the burden of the collateral damage with limited or fixed incomes, increasing the risk for food insecurity while facing stigma and emotional strain.

Although incarceration and food insecurity are often treated as separate issues, this project, Standing in the Gap: Exploring Family Stability through Immersive Learning, recognizes their connection, particularly when the circumstances stem from parental incarceration. At the same time, many faith communities remain on …

Af-Xray: Visual Explanation And Resolution Of Ambiguity In Legal Argumentation Frameworks, Yilin Xia, Heng Zheng, Shaun Bowers, Bertram Ludäscher

Computer Science Faculty Scholarship

Argumentation frameworks (AFs) provide formal approaches for legal reasoning, but identifying sources of ambiguity and explaining argument acceptance remains challenging for non-experts. We present AF-XRAY, an open-source toolkit for exploring, analyzing, and visualizing abstract AFs in legal reasoning. AF-XRAY introduces: (i) layered visualizations based on game-theoretic argument length revealing well-founded derivation structures; (ii) classification of attack edges by semantic roles (primary, secondary, blunders); (iii) overlay visualizations of alternative 2-valued solutions on ambiguous 3-valued grounded semantics; and (iv) identification of critical attack sets whose suspension resolves undecided arguments. Through systematic generation of critical attack sets, AF-XRAY transforms ambiguous scenarios into grounded …

Typology And Spatiotemporal Patterns Of Illegal Fishing Activities In The Philippines: Implications For Fisheries Management, Marlowe O. Acevedo, Tzu-Yun Ching, Chih-Shin Chen

Journal of Marine Science and Technology–Taiwan

Illegal, unreported, and unregulated (IUU) fishing activity is a global threat and continues to undermine the effectiveness of fisheries regulations and management measures. However, the extent of illegal fishing in Philippine waters remains unclear. This study aims to identify the types of illegal fishing in Philippine waters and analyzed their temporal and spatial patterns. Data were obtained from the records of the Philippine Coast Guards (PCG) and Maritime Law Enforcement Agencies from 2015 to 2020. A total of 602 apprehensions were recorded, resulting in 813 violations, of which 630 cases were fishery violations. Most of the watercrafts involved in the …

What Is The Association Between Iron Deficiency Anemia And The Frequency Or Severity Of Febrile Seizures In Children Under The Age Of 5?, Rehab Fawzy Abdel Mohsen Soliman, Samar Mahmoud Ahmed, Yasmen Ahmed Said, Shaimaa Mohamed Hassan, Dalia Hassanin Hussin, Dina Gaber Soliman, Zeinab Abdalla Ali, Eman Farouk Osman

Journal of Medicine in Scientific Research

Background and Aim Febrile seizures (FS) are a common type of convulsion in young children and are frequently associated with fever in the absence of a central nervous system infection. This study aims to investigate the relationship between iron deficiency and febrile seizures, focusing on their occurrence, severity, and recurrence in children aged 6 months to 5 years. Methodology This study employed a case-control design and was conducted at El Sahel Teaching Hospital in Cairo, Egypt, over 12 months. The study sample consisted of 160 children, 80 of whom had febrile seizures and another 80 who were age- and sex-matched …

Applicability Of The Cleveland Clinic Scoring Tool For The Risk Prediction Of Acute Kidney Injury After Adult Cardiac Surgery., Ahmed A Faragalla, Ahmed M Elshiemy, Wael S Nekhila, Sherif M Elboghdady

Journal of Medicine in Scientific Research

Background Post-cardiac surgery acute kidney injury (AKI) is a significant complication associated with increased mortality, longer ICU stays, and higher healthcare costs. The Cleveland Clinic Scoring Tool (CCST) aids preoperative risk evaluation, facilitating tailored prevention strategies. Aim This study evaluates the relevance of the CCST in prospectively assessing AKI risk in adult patients undergoing various cardiac surgeries. Methods This prospective cohort study (tertiary centre, Jan 2021-Aug 2023) assessed the CCST for preoperative AKI risk in adult open-heart surgery (OHS) patients. Consenting adults (≥18) undergoing elective/emergency OHS were included, excluding those with pre- AKI (KDIGO), dialysis-dependent ESRD, aortic dissection, shock, or …

Physical Activity Buffers Screen Time's Impact On Flourishing In Us Youth And Children: Findings From The 2022-2023 Nsch, Aliya Kuerban Phd, Fnp-Bc, Ms, Ma, Rn, Ling Shi

Nursing: Faculty Publications

Objective

Methods

Results

Soft-Constrained Variants Of T-Distributed Stochastic Neighbor Embedding For Global Structure Preservation, Joseph A. Balderas

Mathematics Dissertations

Dimensionality reduction (DR) is a fundamental tool in data science and machine learning that transforms high-dimensional data into a low-dimensional representation while preserving important structural properties of the original data. Among modern DR methods, t-distributed stochastic neighbor embedding (t-SNE) has become one of the most widely used techniques for visualization due to its strong ability to preserve local neighborhood structure and produce visually separated clusters. However, despite its popularity, t-SNE is well known to struggle with preserving global structure of data, often producing embeddings in which distances between clusters and neighborhoods do not accurately reflect relationships in the high-dimensional space. …

Managing Through Crisis At The Nyc Law Department: Lessons Learned From The Covid-19 Pandemic, Hon. Asim Rehman

NYLS Law Review

No abstract provided.