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The Violence Of Bright Lines, Terrell Woolfolk, Kathryn E. Miller Jan 2025

The Violence Of Bright Lines, Terrell Woolfolk, Kathryn E. Miller

Fordham Law Review

The U.S. Supreme Court interprets the Eighth Amendment to prohibit members of certain groups from serving extreme punishments, such as the death penalty and life without parole. For example, the Court has long banned death sentences for people with intellectual disability and for those who were under eighteen years old at the time of their crime. More recently, in Graham v. Florida and Miller v. Alabama, the Court extended this reasoning to sentences of life without parole for those under eighteen—prohibiting the sentence altogether for nonhomicide crimes and barring its mandatory imposition for homicides.

Many scholars and advocates have …


Consider This: Make-Whole Premiums As Unmatured Interest, Kathryn G. Berman Jan 2025

Consider This: Make-Whole Premiums As Unmatured Interest, Kathryn G. Berman

Fordham Law Review

Make-whole premiums have become mainstream in corporate bond indentures because of the protections they provide to lenders. Although they are generally enforceable as a matter of contract law, make-whole premiums have been treated inconsistently in bankruptcy courts in several areas. One point of inconsistency is whether make-whole premiums are treated as liquidated damages or unmatured interest. Such a determination has significant implications on the allowance of the claim and its recovery from an insolvent debtor.

Most bankruptcy courts have treated make-whole premiums as liquidated damages and allowed their recovery in creditors’ claims. In doing so, their analyses have treated liquidated …


Chronically Online: Apportioning Liability In Social Media Litigation Based On User Engagement, Rebecca Vangelos Jan 2025

Chronically Online: Apportioning Liability In Social Media Litigation Based On User Engagement, Rebecca Vangelos

Fordham Law Review

The average American teenager spends nearly five hours on social media every day. This result is by design: social media platforms like Instagram, Snapchat, and TikTok deploy persuasive technologies—including infinite scroll, personalized content recommendation feeds, and dark patterns—to capture and retain teen attention. These intentional design features exploit adolescent vulnerabilities to foster social media dependency. Accordingly, a growing body of scientific evidence links the extensive use of social media to the teen mental health crisis in the United States.

Despite these negative effects, social media companies have largely evaded accountability for the harm they have caused to teens. Recent lawsuits …


Empowering Reproductive Health & Access To Enhance College Student Well-Being: A Mixed Methods Community Engaged Proposal, Allison Maladore Jan 2025

Empowering Reproductive Health & Access To Enhance College Student Well-Being: A Mixed Methods Community Engaged Proposal, Allison Maladore

CGU Theses & Dissertations

This study is a proposal developed in response to the need for the expansion of reproductive health services in institutions of higher education. College-age young adults in the age group of 18 to 24 are particularly vulnerable to unintended pregnancies, sexually transmitted infections, and participate in risky behaviors such as alcohol usage and illicit drug consumption which can increase the likelihood of unsafe sexual behaviors. Reproductive healthcare access is linked to academic success, improved health outcomes, and holistic well-being. The proposal utilizes a community-engaged socioecological approach to create a roadmap and implementation plan to expand reproductive services and access to …


(Re)Imagining Linguistic Justice Through Pláticas: Dual Language Educators’ Perspectives On Restorative Practices, Lysandra Pérez Jan 2025

(Re)Imagining Linguistic Justice Through Pláticas: Dual Language Educators’ Perspectives On Restorative Practices, Lysandra Pérez

CGU Theses & Dissertations

This dissertation examines the pervasive impacts of linguistic imperialism in U.S. dual language classrooms, focusing on restorative language justice practices designed to address the harm caused by manifestations of linguistic oppression, including language policing, linguistic surveillance, and language discrimination (Cameron, 2014; Tuck & Yang, 2012). Grounded in LangCrit (Crump, 2014) and Raciolinguistics (Flores & Rosa, 2015), this study centers the voices and lived experiences of minoritized bilingual educators in Central Washington and Southern California, highlighting their insights and calls for transformation within bilingual education. Through pláticas en grupo (Fierros & Delgado Bernal, 2016), dual language educators co-created restorative practices that …


Writing Back To Empire: Anticolonial Petitioning And Decolonisation In Postwar British West Africa, 1945–1960, Bright Alozie Jan 2025

Writing Back To Empire: Anticolonial Petitioning And Decolonisation In Postwar British West Africa, 1945–1960, Bright Alozie

Black Studies Faculty Publications and Presentations

This article reexamines petition writing as a strategic form of anticolonial resistance and negotiation in British West Africa between 1945 and 1960. Focusing on Nigeria and the Gold Coast (now Ghana), it argues that petitions – often regarded as apolitical or ineffective – were in fact deeply political texts through which colonised individuals asserted rights, challenged imperial authority, and participated in shaping decolonisation discourse. Drawing on new archival petitions, colonial correspondence, and administrative records, the study analyzes how a wide range of African actors – including trade unions, veterans, women’s organisations, and youth groups – appropriated colonial bureaucratic norms to …


Fueling Adaptation: Collaborative Wildfire Governance In The Colorado Front Range Landscape, Mahmood Muttaqee, Cody Evers, Lindsay K. Campbell, Max Nielsen-Pincus, Olivia Awbrey, Kathryn Hixson, Michelle Johnson, Erika Svendsen Jan 2025

Fueling Adaptation: Collaborative Wildfire Governance In The Colorado Front Range Landscape, Mahmood Muttaqee, Cody Evers, Lindsay K. Campbell, Max Nielsen-Pincus, Olivia Awbrey, Kathryn Hixson, Michelle Johnson, Erika Svendsen

Environmental Science and Management Faculty Publications and Presentations

Collaborative governance plays a critical role in wildfire risk mitigation efforts. This study examines collaborative wildfire governance networks within the Colorado Front Range, a landscape that was designated under the USDA Forest Service's Wildfire Crisis Strategy (WCS). Collaborative governance networks in the Colorado Front Range leverage partnerships across multiple organizational actors including federal, state, and local agencies, non-profits, fire districts, and research institutions. Through survey data collected from 281 respondents revealing a collaborative network of 401 organizations, the study aimed to identify the structure, capacity, and gaps in governance networks addressing wildfire risk in the Colorado Front Range. Survey results …


Map Marker Accuracy: Evaluating Spatial Data Quality In A Simplified Mapping Survey, Christopher Sean Ghormley Jan 2025

Map Marker Accuracy: Evaluating Spatial Data Quality In A Simplified Mapping Survey, Christopher Sean Ghormley

Masters in GIS Practicum Reports

Collecting spatial information using maps is a recurring need in research and policy (Evers, 2020; Gottwald et al., 2016; Hitchins, 2018; Tang & Liu, 2016). Survey participants frequently abandon map-based surveys at the first mapping task (Poplin, 2015). In his survey of wildfire risk management personnel, Evers (2020) applied a simplified web-mapping interface that uses circles as the sole input geometry for all spatial representations. The current project examines an updated version of this web map. An anonymous survey gathered data from participants who completed six mapping exercises within Portland, Oregon, and provided feedback on the survey experience. A working …


The Military’S Constitutional Role, Brenner M. Fissell Jan 2025

The Military’S Constitutional Role, Brenner M. Fissell

North Carolina Law Review

No abstract provided.


The Migration Of Abolition Theory, Matthew Boaz Jan 2025

The Migration Of Abolition Theory, Matthew Boaz

North Carolina Law Review

No abstract provided.


Unintended Consequences: North Carolina Victim Notification Laws After Dobbs, Catherine Dunham, Morgan Woodward Jan 2025

Unintended Consequences: North Carolina Victim Notification Laws After Dobbs, Catherine Dunham, Morgan Woodward

North Carolina Law Review

No abstract provided.


Afrissippi, Peter Muvunyi Jan 2025

Afrissippi, Peter Muvunyi

Electronic Theses and Dissertations

This thesis examines how Guelel Kumba, a Senegalese Fulani griot, chef, and musician currently residing in Oxford, Mississippi, incorporates West African cuisine and music into his daily life in the South. This profile study asks: How does Kumba's performances and cooking translate Fulani heritage into Mississippi's blues and soul-food scenes? The research employed observation, secondary sources, purposeful semi-structured interviews, and a documentary.

Kumba views tradition as an arsenal, preserving its essential rhythms and flavors while reworking family recipes and tunes to suit local tastes. Customers can eat, listen, and interact their way into shared history at his food truck and …


Study Of The Mechanism And Physiological Impact Of Transcriptional Regulation Of Pilin-Encoding Pila Gene In Caulobacter Crescentus, Anurag Rijal Jan 2025

Study Of The Mechanism And Physiological Impact Of Transcriptional Regulation Of Pilin-Encoding Pila Gene In Caulobacter Crescentus, Anurag Rijal

Electronic Theses and Dissertations

The alphaproteobacterium Caulobacter crescentus with a unique dimorphic lifestyle is a model organism for studying prokaryotic development. An important cellular structure is the hair-like appendage called pilus, made up of monomeric subunits called pilins. The pilus helps C. crescentus in surface sensing and attachment, leading to cellular differentiation. Despite these advantages, the C. crescentus cell expresses the pilus filament on its surface for a very short period in its life cycle, during the motile swarmer stage. This study examined the precisely-timed transcriptional regulation of the pilin-encoding gene pilA, and uncovered the impact it has on bacterial survival.

CtrA, a global …


Teaching Borges Effectively: A Pedagogy Of Literary Reading, Luciano Martinez Jan 2025

Teaching Borges Effectively: A Pedagogy Of Literary Reading, Luciano Martinez

Spanish Faculty Works

No abstract provided.


Polymeric Nanocomposites-Based Advanced Coatings For Antimicrobial And Antiviral Applications: A Comprehensive Overview, Rachid Amrhar, Jaspal Singh, Mostafa Eesaee, Pascal Carrière, Alireza Saidi, Phuong Nguyen-Tri Jan 2025

Polymeric Nanocomposites-Based Advanced Coatings For Antimicrobial And Antiviral Applications: A Comprehensive Overview, Rachid Amrhar, Jaspal Singh, Mostafa Eesaee, Pascal Carrière, Alireza Saidi, Phuong Nguyen-Tri

Revues de littérature, synthèses de connaissances

The rise in microbial infections and viral outbreaks has accelerated the development of advanced antibacterial and antiviral coating that effectively minimize infection risks. Amidst rising global health concerns due to infectious diseases, these coatings have emerged as vital solutions for surface protection across various settings. This review focuses on the recent development and in-depth analysis includes synthesis process, inactivation mechanism in photoreactive antimicrobial and antiviral bio-coatings. This review comprehensively explores the development of different nanocomposite materials, including polymers based on metal oxide nanoparticles, metal nanoparticles, graphene-based materials, and organic-inorganic composites. Their practicality and compatibility with diverse surfaces such as ceramics, …


The Mathematical Struggle: A Peer’S Review Of Mathematics Education, Joshua Brobst Jan 2025

The Mathematical Struggle: A Peer’S Review Of Mathematics Education, Joshua Brobst

All Student Scholarship

This paper explores the perceived bias against the mathematics (math) discipline. Specifically, it will explore the concept of math anxiety (MA) and why the broad idea of the apparent negativity towards math is so pervasive. The paper does so through two different avenues; the first approach being a literature review of the data and arguments from psychology and math education journals that have been previously published. The second method provided is one performed specifically for this thesis in which data from a University of Southern Maine (USM) MAT 100 course was collected from student responses submitted at the end of …


Vacuuming Outer Space: Incentivizing Active Space Debris Removal Through A Licensing Model, Alex S. Li Jan 2025

Vacuuming Outer Space: Incentivizing Active Space Debris Removal Through A Licensing Model, Alex S. Li

Buffalo Law Review

The increasing proliferation of space debris is jeopardizing satellites, space stations, and other ambitious activities in Earth’s orbits. This Article explores this growing concern and proposes an innovative licensing regime as a solution. It begins by surveying the space debris problem and examining the legal frameworks—both binding treaties and non-binding guidelines—that influence its management and mitigation. The paper then critically assesses several proposals advanced by legal scholars to bridge the gaps between these binding and non-binding measures, highlighting the issues these solutions face. In order to address these challenges, the Article advances a more collaborative and flexible approach: a licensing …


Table Of Contents, Buffalo Law Review Jan 2025

Table Of Contents, Buffalo Law Review

Buffalo Law Review

No abstract provided.


The U.S. Supreme Court Decision In Smith V. Spizzirri: An Analysis Of Its Impact On Enforcing International Arbitration Agreements And Awards Falling Under The New York Convention In The United States, Charles E. Woode Jan 2025

The U.S. Supreme Court Decision In Smith V. Spizzirri: An Analysis Of Its Impact On Enforcing International Arbitration Agreements And Awards Falling Under The New York Convention In The United States, Charles E. Woode

Buffalo Law Review

This article provides a comprehensive analysis of the U.S. courts’ role in the interpretation, enforcement, and confirmation of international arbitration agreements and awards under the Federal Arbitration Act (FAA) and the New York Convention. It delves into the intricacies of FAA Chapters 1 and 2, which govern domestic and international arbitration respectively, and their interplay in shaping the arbitration landscape in the United States. Initially, this article addresses the significant circuit split regarding 9 U.S.C. § 3, which required clarification by the United States Supreme Court in Smith v. Spizzirri. The Court’s decision provided much-needed clarity on whether a district …


Immature (Data) Privacy, Yutang Hsiao Jan 2025

Immature (Data) Privacy, Yutang Hsiao

Buffalo Law Review

Sharenting, a combination of the words “sharing” and “parenting,” is a double-edged sword. It can cut both ways because even though it benefits parents by being a source of support and fostering community, it harms children in various significant and nuanced ways. While the world blames parents for sharing too much of their children’s data on social media, other actors also play a role and should share the blame. In this Article, I argue that the most fundamental question sharenting raises is in what ways children’s privacy is violated, and who commits the violation. Social media, as one of the …


Re-Defining Direct Copyright Infringement In The Digital Age: The Shortcomings Of Abkco, Inc. V. Sagan's "Presses The Button" Standard, Shelby Mcswan Jan 2025

Re-Defining Direct Copyright Infringement In The Digital Age: The Shortcomings Of Abkco, Inc. V. Sagan's "Presses The Button" Standard, Shelby Mcswan

Buffalo Law Review

This Comment offers a broader reading of direct copyright infringement. The definition of a direct infringer must go beyond the person who “presses the button,” and extend to those who authorize, instruct, or force another to commit an act of infringement. A broader reading not only ensures that direct liability in copyright law is uniform with other areas of the law, but it also ensures that copyright law protects those who it was meant to protect and punishes those who are truly at fault. Part I of this Comment provides history and background information on the development of intellectual property …


Remote Infant Studies Of Early Learning (Rise): Scalable Online Replications Of Key Findings In Infant Cognitive Development, Rhiannon Luyster, Elena Tenenbaum1, Caitlin Stone, My H. Vu, Madeleine Hare, Kristen Gilyard, Sudha Arunachalam, Elika Bergelson, Somer Bishop, Michael Frank, J. Kiley Hamlin, Melissa Kline Struhl, Rebecca J. Landa, Casey Lew-Williams, Melissa E. Libertus, Julie Markant, Maura Sabatos-Devito, Stephen J. Sheinkopf, Jennifer B. Wagner, Kayle Park, Anna I. Soderling, Ashleigh K. Waterman, Jordan N. Grapel, Amit Bermano, Yotam Erle, Shafali Jeste Jan 2025

Remote Infant Studies Of Early Learning (Rise): Scalable Online Replications Of Key Findings In Infant Cognitive Development, Rhiannon Luyster, Elena Tenenbaum1, Caitlin Stone, My H. Vu, Madeleine Hare, Kristen Gilyard, Sudha Arunachalam, Elika Bergelson, Somer Bishop, Michael Frank, J. Kiley Hamlin, Melissa Kline Struhl, Rebecca J. Landa, Casey Lew-Williams, Melissa E. Libertus, Julie Markant, Maura Sabatos-Devito, Stephen J. Sheinkopf, Jennifer B. Wagner, Kayle Park, Anna I. Soderling, Ashleigh K. Waterman, Jordan N. Grapel, Amit Bermano, Yotam Erle, Shafali Jeste

Emerson Authors, Researchers, & Creators

The current manuscript describes the Remote Infant Studies of Early Learning (RISE), a battery intended to provide robust looking time measures of cognitive development that can be administered remotely to inform our understanding of individual developmental trajectories in typical and atypical populations, particularly infant siblings of autistic children. This battery was developed to inform our understanding of early cognitive and language development in infants who will later receive a diagnosis of autism. Using tasks that have been successfully implemented in lab-based paradigms, we included assessments of attention, memory, prediction, word-recognition, numeracy, multimodal processing, and social evaluation. This study reports results …


Cross-Linked Polyrotaxane Based Aerogel As Supporter For Leakage-Proof Phase Change Materials With High Enthalpies, Hui Shi, Xiao-Mei Yang, Jun Mo, Huan Wang, Deming Tan, Guang-Zhong Yin Jan 2025

Cross-Linked Polyrotaxane Based Aerogel As Supporter For Leakage-Proof Phase Change Materials With High Enthalpies, Hui Shi, Xiao-Mei Yang, Jun Mo, Huan Wang, Deming Tan, Guang-Zhong Yin

Artículos científicos

We developed a series of cross-linked polyrotaxane (C-PLR)-based aerogels using hexamethylene diisocyanate (HDI) as a crosslinker. These aerogels were subsequently used as support materials for the encapsulation of poly (ethylene glycol) (PEG), resulting in stable and leakage-proof PCM composites with high enthalpies. The pore morphology was characterized using scanning electron microscopy (SEM). The excellent compatibility between the aerogels and PEG resulted in PCMs with outstanding anti-leakage properties. We characterized the phase change behavior of the material using a DSC, including phase change latent heat, supercooling, heat loss, and cycling stability. It is particularly noteworthy that these PCMs exhibited impressive cycle …


The Role Of Communication In Environmental Awareness According To Circular Economy Stakeholders, Alejandro Carbonell-Alcocer, Juan Romero-Luis, Manuel Gertrudix Jan 2025

The Role Of Communication In Environmental Awareness According To Circular Economy Stakeholders, Alejandro Carbonell-Alcocer, Juan Romero-Luis, Manuel Gertrudix

Artículos científicos

In order to make the transition from a linear to a circular economy, unprecedented measures are required from all social actors. Communication plays a fundamental role in this transition. The use of social marketing as an alternative to traditional communication models can promote the paradigm shift in order to increase communicative effectiveness. Understanding the perception of circular economy drivers is crucial for communication efforts aimed at persuading citizens to change their habits. To this end, this study analyzes drivers’ perceptions of communication processes aimed at environmental awareness and sensitization. Using grounded theory, a qualitative methodology, 44 interviews were conducted with …


Physiological Flow-Clutch States Identification Within The Eduflow Scale In Educational Steam Real-World Scenarios, David Antonio Rosas Espín, Natalia Padilla-Zea, Jean Heutte, Daniel Burgos Jan 2025

Physiological Flow-Clutch States Identification Within The Eduflow Scale In Educational Steam Real-World Scenarios, David Antonio Rosas Espín, Natalia Padilla-Zea, Jean Heutte, Daniel Burgos

Artículos científicos

This paper focuses on the physiological identification of Clutch-Flow states in real-world educational scenarios. By using the Eduflow scale and Polar H10 wearable devices, we develop two STEAM face-to-face project-base teaching-learning experiences with students in 5th and 6th grade of primary education. Based on Heart Rate Variation (HRV) recorded for 18 one-hour sessions and their comparison to responses obtained in 181 EduFlow questionaries filled in by students after each session, a Kubios-based analysis was performed, obtaining a total of 127 reports about HVR. The main findings of this study reveal multiple and meaningful correlations between physiological data and the flow …


Effectiveness Of A Virtual Reality Serious Video Game (The Secret Trail Of Moon) For Emotional Regulation In Children With Attention-Deficit/Hyperactivity Disorder: Randomized Clinical Trial, Marina Martín-Moratinos, Marcos Bella-Fernández, María Rodrigo-Yanguas, Carlos González Tardón, Chao Li, Ping Wang, Ana Royuela, Pilar López-García, Hilario Blasco-Fontecilla Jan 2025

Effectiveness Of A Virtual Reality Serious Video Game (The Secret Trail Of Moon) For Emotional Regulation In Children With Attention-Deficit/Hyperactivity Disorder: Randomized Clinical Trial, Marina Martín-Moratinos, Marcos Bella-Fernández, María Rodrigo-Yanguas, Carlos González Tardón, Chao Li, Ping Wang, Ana Royuela, Pilar López-García, Hilario Blasco-Fontecilla

Artículos científicos

Background: Difficulties in emotional regulation are often observed in children and adolescents with attention-deficit/hyperactivity disorder (ADHD). Innovative complementary treatments, such as video games and virtual reality, have become increasingly appealing to patients. The Secret Trail of Moon (MOON) is a serious video game developed by a multidisciplinary team featuring cognitive training exercises. In this second randomized clinical trial, we evaluated the impact of a 20-session treatment with MOON on emotional regulation, as measured by the Strengths and Difficulties Questionnaire. Objective: We hypothesize that patients with ADHD using MOON will show improvements in (1) emotional regulation, (2) core ADHD symptoms, (3) …


La Obtención De Piedra De Barrilla Frente Al Cambio Climático: Las Hipótesis De Investigación “La Gasca-Lillo” Del Proyecto Texco2 Desarrollado En Huéscar Y Castril, David Antonio Rosas Espín, José María Montalvo Puentes Jan 2025

La Obtención De Piedra De Barrilla Frente Al Cambio Climático: Las Hipótesis De Investigación “La Gasca-Lillo” Del Proyecto Texco2 Desarrollado En Huéscar Y Castril, David Antonio Rosas Espín, José María Montalvo Puentes

Artículos científicos

La obtención de piedra de barrilla, utilizada en la fabricación de vidrio, jabón y textiles, constituyó una agroindustria fundamental en España hasta el siglo XIX. En Castril, Puebla de Don Fadrique y Los Vélez, fue indispensable para fabricar sus afamadas piezas de vidrio. Como los pormenores de la elaboración de sosa de barrilla se desconocen, este trabajo plantea diecisiete hipótesis para su reproducción experimental. Pretendemos recuperar este saber tradicional, así como evaluar su potencial como sumidero virtual de CO2, contribuyendo a la lucha contra el cambio climático y promoviendo el desarrollo sostenible en las comarcas históricas productoras de barrilla.


Pacp-Hybdeep: Predicting Anticancer Peptides Using Binary Tree Growth Based Transformer And Structural Feature Encoding With Deep-Hybrid Learning, Shahid Shahid, Maqsood Hayat, Wajdi Alghamdi, Shahid Akbar, Ali Raza, Rabiah Abdul Kadir, Mahidur R. Sarker Jan 2025

Pacp-Hybdeep: Predicting Anticancer Peptides Using Binary Tree Growth Based Transformer And Structural Feature Encoding With Deep-Hybrid Learning, Shahid Shahid, Maqsood Hayat, Wajdi Alghamdi, Shahid Akbar, Ali Raza, Rabiah Abdul Kadir, Mahidur R. Sarker

Artículos científicos

Worldwide, Cancer remains a significant health concern due to its high mortality rates. Despite numerous traditional therapies and wet-laboratory methods for treating cancer-affected cells, these approaches often face limitations, including high costs and substantial side effects. Recently the high selectivity of peptides has garnered significant attention from scientists due to their reliable targeted actions and minimal adverse effects. Furthermore, keeping the significant outcomes of the existing computational models, we propose a highly reliable and effective model namely, pACP-HybDeep for the accurate prediction of anticancer peptides. In this model, training peptides are numerically encoded using an attention-based ProtBERT-BFD encoder to extract …


Advancing Agriculture Automation Systems: Technological Innovations, Possible Applications, Challenges,And Recommendations, Mahidur R. Sarker, Maher G.M. Abdolrasol, Saad Mohamad Hanif, Rabiah Abdulkadir Ahmad, José Luis Olazagoitia Jan 2025

Advancing Agriculture Automation Systems: Technological Innovations, Possible Applications, Challenges,And Recommendations, Mahidur R. Sarker, Maher G.M. Abdolrasol, Saad Mohamad Hanif, Rabiah Abdulkadir Ahmad, José Luis Olazagoitia

Artículos científicos

Agricultural automation (AA) driven by artificial intelligence (AI) and the Internet of Things (IoT) represents a transformative approach to addressing modern farming challenges, such as resource optimization, animal health monitoring, precision farming, and supply chain efficiency. This study examines the adoption and development of AI and IoT technologies in agriculture over the past decade, focusing on key advancements, trends, and their practical applications in the field. A bibliometric analysis of 3404 publications from 2014 to 2024, revealing a 402% growth in research output over the decade, with 18.21% of contributions originating from China and 13.82% from the United States, highlighting …


Popular Sovereignty And A Right To Know About The Government, David S. Ardia Jan 2025

Popular Sovereignty And A Right To Know About The Government, David S. Ardia

Faculty Publications

This Article argues that the U.S. Constitution implicitly contains a structural “right to know” about the government, rooted in the doctrine of popular sovereignty rather than the First Amendment. Democratic self‑government requires public access to governmental information; without it, the people cannot exercise informed consent or their sovereign authority. The Article critiques reliance on purely statutory transparency regimes such as FOIA, noting their fragility and susceptibility to political rollback. Through historical and structural analysis, it shows that the Framers viewed an informed citizenry as essential to maintaining checks and balances. The Article proposes three principles for operationalizing a constitutional right …