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Today And Yesterday, Vol. 46, 2022, Illinois State University, Department Of History

Today and Yesterday

Newsletter of the Illinois State University Department of History

Principles For Responsibility Sharing: Proximity, Culpability, Moral Accountability, And Capability, Michael W. Doyle, Janine Prantl, Mark J. Wood

Faculty Scholarship

In this Essay, we explore how responsibility based on culpability, moral accountability, and capability can improve the current regime that rests on responsibility by proximity. In doing so, we draw on the 2017 Model International Mobility Convention (MIMC), a model convention drafted by a commission of independent experts and currently supported as a project of the Carnegie Council for Ethics in International Affairs.

A Tale Of Two Civil Procedures, Pamela K. Bookman, Colleen F. Shanahan

Faculty Scholarship

In the United States, there are two kinds of courts: federal and state. Civil procedure classes and scholarship largely focus on federal courts but refer to and make certain assumptions about state courts. While this dichotomy makes sense when discussing some issues, for many aspects of procedure this breakdown can be misleading. Two different categories of courts are just as salient for understanding American civil justice: those that routinely include lawyers and those where lawyers are fundamentally absent.

This Essay urges civil procedure teachers and scholars to think about our courts as “lawyered” and “lawyerless.” Lawyered courts include federal courts …

The Legal Origins Of Catholic Conscientious Objection, Jeremy K. Kessler

Faculty Scholarship

This Article traces the origins of Catholic conscientious objection as a theory and practice of American constitutionalism. It argues that Catholic conscientious objection emerged during the 1960s from a confluence of left-wing and right-wing Catholic efforts to participate in American democratic culture more fully. The refusal of the American government to allow legitimate Catholic conscientious objection to the Vietnam War became a cause célèbre for clerical and lay leaders and provided a blueprint for Catholic legal critiques of other forms of federal regulation in the late 1960s and early 1970s — most especially regulations concerning the provision of contraception and …

Fifth-Dimensional Warfare And National Security In Canada: Situating Microdeviation Theory Within C-59: An Act Respecting National Security Matters, Hayden Slight

Theses and Dissertations (Comprehensive)

In an era of rapid technological change, the growing threat environment in the cyber dimension will continue to influence how a sovereign nation contends with attacks that can occur from any corner of the world. The growing adaptation and expansion of technology belonging to the Internet of Things (IoT) and the increasing prevalence of social media (Facebook, Twitter) has also influenced the spreading of attack surfaces that can become victim to exploitation by motivated parties including foreign states and terrorist groups. Against this backdrop, Canada’s own efforts to modernize and reinforce its own national security agencies resulted in the developing …

Removing Carbon Dioxide Through Ocean Fertilization: Legal Challenges And Opportunities, Korey Silverman-Roati, Romany M. Webb, Michael Gerrard

Faculty Scholarship

Carbon dioxide removal (“CDR”) will be needed, alongside deep emissions cuts, to achieve global temperature goals. According to a 2022 report by the Intergovernmental Panel on Climate Change, to keep global average temperatures within 1.5°C above preindustrial levels, carbon dioxide and other greenhouse gas emissions must reach net-zero by mid-century. Scientists have proposed a number of land- and ocean-based CDR techniques. This paper focuses on ocean fertilization, which involves adding iron or other nutrients to the ocean to stimulate the growth of phytoplankton that uptake carbon dioxide and convert it into organic carbon. The hope is that the organic carbon …

Lochner Revenant: The Dormant Commerce Clause & Extraterritoriality, Robin Feldman, Gideon Schor

Faculty Scholarship

During the Lochner era, the Supreme Court, relying on broad inter- pretations of constitutional doctrine, struck down scores of state statutes with an essentially free hand. Today, some federal courts are heading to- wards a new Lochner era, in which numerous state laws regulating health and safety can be invalidated on the thinnest of constitutional grounds. The issues implicate not only a vast amount of national commerce but also the Constitution’s careful balance between federal and state power. Specifically, in two decisions from the late 1980s, the Supreme Court extracted language from a 1935 decision and used that language to …

Redefining “Misinformation,” “Disinformation,” And “Fake News”: Using Social Science Research To Form An Interdisciplinary Model Of Online Limited Forums On Social Media Platforms, Audrey C. Normandin

Campbell Law Review

“Misinformation,” “disinformation,” and “fake news” have spread division and contention through online social media platforms, resulting in adverse effects to various areas of science, politics, and public health. This Comment takes a deeper look into the underlying motivations and beliefs behind this phenomenon by presenting a cohesive summarization of the empirical evidence gained from social science research. These terms are reclassified as “conflicting information” to deemphasize the considerations of fact or fiction and emphasize the empirical data showing these terms are social signifiers connotating “in-group” and “out-group” divisions. After developing this backdrop of social science research, the current legal proposals …

Courts In Conversation, Thomas P. Schmidt

Faculty Scholarship

Ralph Waldo Emerson once suggested that we read not for instruction but for provocation. By that standard, in The Words That Made Us, Akhil Reed Amar has written a characteristically great book. This is not to deny that there is abundant instruction in its many pages: Amar offers a synoptic and yet still nuanced description of the great constitutional conversation that engulfed American political life in the eighty or so years around the founding. One of the chief values of the book, though, is that it will provoke a whole new set of additions to the constitutional conversation that …

Common Use, Lineage, And Lethality, Darrell A. H. Miller, Jennifer Tucker

Faculty Scholarship

Political and legal debates over assault rifles, large-capacity magazines, and other lethal technology are characterized by increasing rancor and hostility. Lack of a common vocabulary to describe the topics of debate, much less facilitate a constructive dialogue, only aggravates this trend. Sorely missing from the current debate is a shared vocabulary for what the public policy and the constitutional doctrine are aiming to achieve. Part I of this Article outlines the state of Second Amendment doctrine with respect to which and what type of arms are protected, and the confused language and goals of that doctrine. Part II provides a …

Maximum Pay Laws: Is It Time?, Natalie P. Bryant, Michael R. White, Christine M. Newman, Joseph A. Newman

Journal of Business, Industry, and Economics

This paper addresses the large and growing pay gap between executives and employees in large corporations by considering the need for a private sector maximum wage law in the United States. The first section of the paper presents evidence that suggests the United States has a large pay gap compared to other countries and that the pay gap in the United Statesis growing over time. The second section of the paper presents a review of court cases and legislative actions that include the ineffectiveness of derivative lawsuits, the lack of new legal doctrines to address pay gaps, the general failure …

Educators’ Perspectives On The Practices And Implementation Of Social Emotional Learning Programs, Monica Parra Ballon

Electronic Theses and Dissertations

This interview-based qualitative study sought educators’ perceptions of best practices for and implementation of mindfulness and social and emotional learning (SEL) programs in the classroom in order to discern how SEL programs foster student socioemotional wellbeing (e.g., self-awareness, self-management, social awareness, relationship skills, responsible decision making). To do so, I conducted semi-structured interviews via videoconference with nine educators from public, private, and charter schools in the United States and Canada. Discussions include questions about personal experiences and implementation of SEL interventions. The recorded interviews were transcribed and coded to locate emergent themes. The present research revealed several training and implementation …

Understanding The Role Of Home Community Environments In Shaping First-Generation Jamaican University Students’ Access And Persistence In Higher Education: Using Liming And Photovoice Methodologies, Shenhaye C. Ferguson

Electronic Theses and Dissertations

There are 15 national outcomes as part of Jamaica’s strategic goals for Vision 2030. Among the 15, the second outcome focuses on world-class education and training, the fifth looks at security and safety, and the fifteenth addresses sustainable urban and rural development (Vision 2030, 2018). First-generation Jamaican students represent a fraction of the Vision 2030 discussion around increasing access to higher education, eliminating crime and violence, poverty, and creating safe community environments. Accordingly, in (post)colonial Jamaica, challenges faced by first-generation students are compounded (Roofe et al., 2022). While many first-generation students attend universities in Jamaica, local studies examining first-generation students …

Exploring Cyberterrorism, Topic Models And Social Networks Of Jihadists Dark Web Forums: A Computational Social Science Approach, Vivian Fiona Guetler

Graduate Theses, Dissertations, and Problem Reports (ETD)

This three-article dissertation focuses on cyber-related topics on terrorist groups, specifically Jihadists’ use of technology, the application of natural language processing, and social networks in analyzing text data derived from terrorists' Dark Web forums. The first article explores cybercrime and cyberterrorism. As technology progresses, it facilitates new forms of behavior, including tech-related crimes known as cybercrime and cyberterrorism. In this article, I provide an analysis of the problems of cybercrime and cyberterrorism within the field of criminology by reviewing existing literature focusing on (a) the issues in defining terrorism, cybercrime, and cyberterrorism, (b) ways that cybercriminals commit a crime in …

The Heart Of Everything In The Middle Of Nowhere: The Role Of Rural Identity In The Formation And Deployment Of Political Attitudes In Pennsylvania, Mikaela G. Zimmerman

Graduate Theses, Dissertations, and Problem Reports (ETD)

The world of American politics continues to infiltrate households across the United States as technological advancement extends the reach of breaking news and government action. With this expanding reach, communities all over the country are digesting and contemplating their place in national politics more fervently than ever. At the crux of this discussion is the backbone of political engagement and action—identity and its resulting political attitudes. For decades, partisanship has been a point of contention amongst American citizens. Cities across the nation showcase protests, demonstrations, town hall meetings, and more illustrating citizens’ care for their democratized input in government affairs. …

U.S.-Ukraine Relations And The Concept Of Strategic Partnership, Khrystyna Pelchar

Graduate Theses, Dissertations, and Problem Reports (ETD)

A strategic partnership has become particularly relevant in the wake of the Russian war in Ukraine. Most studies focus on the historical perspective of particular special relations leaning toward the long-standing nature and stability of those relations. Others describe interstate partnerships as dynamic developments rather than static phenomena. Conventionally, strategic partnerships are multifaceted, including the spheres of economic cooperation, military assistance and partnership, and democracy promotion. Scholars also single out cultural proximity as an important factor facilitating mutual trust and feasibility of strategic partnership.

This thesis will discuss the historical background of the U.S.-Ukraine economic, socio-political, and military cooperation and …

Mechanical Response Of Vartm Infused Frp Composites, Andrew Kenney

Graduate Theses, Dissertations, and Problem Reports (ETD)

Mechanical Response of VARTM based FRP composites

Andrew Kenney

The United States Department of Transportation (USDOT) recently created two new design specification for rail tank cars. These new types of classification, DOT-117 and DOT-117R, are designed with additional safety precautions to prevent hazardous chemicals from leaking out in case of a derailment. Features such as a thicker outer steel wall, head shield, and top and bottom valve protections provide additional protection compared to the current DOT-113 tank cars at the cost of additional weight. The WVU-CFC proposes a multifunctional, composite jacket that could be used in place of current tank …

The Dances Of Diplomacy: French Social Dance Culture In The United States, 1780-1800, Kaylar Gina Moser

Graduate Theses, Dissertations, and Problem Reports (ETD)

This thesis explores how social dancing in the United States formed a noteworthy aspect of political, diplomatic, social, and class exchange for U.S. elites both domestically and overseas; and how the cultural dominance over dance that France enjoyed during this period created an informal cultural diplomatic relationship between the United States and France in the 1780s and the 1790s. I argue that U.S. elites utilized this dance culture as a form of upper-class status legitimation that could serve diplomatic purposes. This project increases the purview of U.S. cultural diplomatic studies by centering on the eighteenth century and by utilizing an …

Hinterlands To Cities: The Archaeology Of Northwest Mexico And Its Vecinos, Matthew C. Pailes, Michael T. Searcy

Faculty Publications

Tis approachable book is a comprehensive synthesis of Northwest Mexico from the US border to the Mesoamerican frontier. Filling a vital gap in the regional literature, it serves as an essential reference not only for those interested in the specific history of this area of Mexico but western North America writ large. A period-by-period review of approximately14,000 years reveals the dynamic connections that knitted together societies inhabiting the Sea of Cortez coast, the Sonoran and Chihuahuan deserts, and the Sierra Madre Occidental. Networks of interaction spanned these diverse ecological, topographical, and cultural terrains in the millennia following the demise of …

Fremont Smoke Mixtures: Botanical Analyses Of Pipes From Wolf Village, Goshen, Utah, Michael T. Searcy, Hannah Stefffensen, Scott Ure

Faculty Publications

Over several field seasons, ceramic and stone pipes were recovered from the Fremont site of Wolf Village (AD 1000-1100). Nine of the more complete pipes included residue and burned dottle that were analyzed for macrobotanical and microbotanical remains. Three were subjected to FTIR. These analyses represent the first Fremont pipes ever analyzed for botanical remains, and the results reported in this paper provide conclusions regarding possible smoke mixtures used by the Fremont. Contents of the pipes included remains of tobacco, plants from the Amaranthaceae family, maize fragments, grasses, and various fuel woods.

Mountain Men Reveal Yellowstone: Observations Of Daniel Potts, Warren Ferris, And Osborne Russell In The 1820s And 1830s, Jay H. Buckley, Nathan Benavidez

Faculty Publications

As Yellowstone National Park celebrates its 150th anniversary as the first such park in the world, it is fascinating to rediscover the records of mountain men and and that the same features that enthrall modern visitors captivated them as well. “Sonder” is the realization that other people with whom we share the mortal coil have lived lives just as complex and wonderous as our own. Americans can no better appreciate this than when they stand in Yellowstone National Park today and marvel at the same grandeur mountain men witnessed two hundred years ago.

Asymmetrical Trusted Technology Networks In Developing Economies: A Case Study On Critical Infrastructure In Bhutan, Pratima Pradhan, Bal Subba, Thinley Jamtsho, Ganga Ram Ghimiray, David M. Cook

Research outputs 2022 to 2026

Developing Nations are subject to amplified challenges in terms of the integration of technology, and the exposure to non-domestic opportunism from larger neighboring economies. These challenges are recognizable as asymmetrical differences between what is seen as the normative list of critical infrastructures, and the specialisms that can dominate an emerging economy with early maturity technology networks. This paper discusses the case of Bhutan and demonstrates the need for strengthened approaches to trusted networks to ensure the reliability and continuity of the Nation's critical infrastructures. The paper also links the importance of trusted information sharing networks as part of an overarching …

World In Strife – Returning To The Humanities, Clive Barstow, Jill Felicity Durey

Research outputs 2022 to 2026

The background of this article relates to a long, ongoing attenuation of the Humanities within universities. The problem is the continuing sidelining of the Humanities in university teaching and research funding. If this attenuation and sidelining continue, the world will be a much more cruel and dangerous place, as there will be no moral or ethical check on scientific and technological developments from a humanitarian perspective. This article discusses some of the fears, hopes and criticisms of the Humanities expressed by scholars around the globe, from western democracies including Australia, as well as from middle-eastern and eastern autocracies. The article …

Anatomy Of An Internet Hijack And Interception Attack: A Global And Educational Perspective, Ben A. Scott, Michael N. Johnstone, Patryk Szewczyk

Research outputs 2022 to 2026

The Internet’s underlying vulnerable protocol infrastructure is a rich target for cyber crime, cyber espionage and cyber warfare operations. The stability and security of the Internet infrastructure are important to the function of global matters of state, critical infrastructure, global e-commerce and election systems. There are global approaches to tackle Internet security challenges that include governance, law, educational and technical perspectives. This paper reviews a number of approaches to these challenges, the increasingly surgical attacks that target the underlying vulnerable protocol infrastructure of the Internet, and the extant cyber security education curricula; we find the majority of predominant cyber security …

Preliminary Report On The 2021 Season Of Excavations At As-Khirbat Safra, Paul Gregor, Paul Ray, Talmadge Gerald, Trisha Broy

Faculty Publications

No abstract provided.

January 2022 News Releases, University Of Montana--Missoula. Office Of University Relations

University of Montana News Releases, 1928, 1956-present

No abstract provided.

Innovation's Hidden Externalities, Stephanie Plamondon Bair

Faculty Scholarship

When commentators discuss innovation’s externalities, they often classify them into one of two categories. On the positive externalities, or “spillovers” side, legal and economics scholars often speak of the benefits innovation confers on other innovators. Future innovators profit from past innovation as they “stand on the shoulders of giants” to develop progressively new and better innovation. Discussion of innovation’s negative externalities, on the other hand, has mainly focused on social harms not directly related to future innovation that particular advances impose on third parties—the classic example being pollution. Thus, the common understanding is that innovation’s spillovers positively impact innovation (among …

Revitalizing Tribal Sovereignty In Treatymaking, David H. Moore, Michalyn Steele

Faculty Scholarship

In the current model of federal-Indian relations, the United States claims a plenary legislative power, as putative guardian, to regulate Indian tribes. Under this model, tribes are essentially wards in a state of pupilage. But the federal-tribal relationship was not always so. Originally, the federal government embraced, even promoted, a more robust model of tribal sovereignty in which federal-Indian treatymaking and diplomacy figured prominently. Through treaties, the United States and tribes negotiated territorial boundaries, forged alliances, facilitated trade, and otherwise managed their relations. In 1871, Congress attempted to put an end to federal-Indian treatymaking by purporting to strip tribes of …

Book Review: The Restatement And Beyond: The Past, Present, And Future Of U.S. Foreign Relations Law. Edited By Paul B. Stephan And Sarah H. Cleveland. New York: Oxford University Press, 2020. Pp. Xi, 587., David H. Moore, Paul B. Stephan, Sarah H. Cleveland

Faculty Scholarship

This paper reviews The Restatement and Beyond: The Past, Present, and Future of U.S. Foreign Relations Law (Paul B. Stephan and Sarah H. Cleveland eds., OUP 2020).

Real-World Smartphone-Based Gait Recognition, Hind Alobaidi, Nathan Clarke, Fudong Li, Abdulrahmanalruban

School of Engineering, Computing and Mathematics

No abstract provided.