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You Had One Job: The Supreme Court's New Chance To Fix The Constitutional Law Of Sentencing Factfinding, Benjamin J. Priester

Faculty Articles

Four decades after the enactment of the federal Sentencing Reform Act, one might expect a settled consensus to have emerged addressing the constitutional constraints on implementing norms such as predictability, consistency, and uniformity in the imposition of criminal punishment in the United States. In reality, the United States Supreme Court has failed to provide stability or clarity in the doctrinal principles implicated in millions of criminal cases nationwide. Spanning a quarter century, the Apprendi v. New Jersey line of cases has featured narrow or fragmented majorities, significant concurring opinions, and multiple instances of individual justices either overtly admitting to changing …

Title Page, South Dakota Law Review

South Dakota Law Review

No abstract provided.

Assessing Government Transparency: An Analysis Of South Dakota's Open Records And Meetings Laws, Neil Fulton, Sarah Kammer, Patrick Garry

South Dakota Law Review

Government transparency is crucial for an effective and responsive democracy. The pursuit of such transparency underlies state open records and meetings laws. South Dakota’s open records law strives to open government records to the public. However, it also contains an array of exceptions that prevent the disclosure of certain records. When denied access to government records, the public possesses a statutory right of appeal. This article examines the workings of that appeal process. Open meetings laws also serve to give the public a role in government deliberations and to make those deliberations transparent. Those laws, including South Dakota’s law, provide …

Tribes In The Text: How State Constitutions Structure Governmental Relationships With Native Tribes, Paul Baumgardner

South Dakota Law Review

Although there has been a flurry of recent court cases that acknowledge the important role of state governments in tribal affairs, relatively little scholarly attention has been given to how American states actually relate to Native individuals, communities, or institutions. One way to begin outlining the nature of modern state-tribal relationships is to explore the highest laws within each state and see what these laws have to say about Native Americans. This article does just that, delving into the current state constitutions of all fifty states in the United States to better understand how these documents structure state governmental relationships …

A Homespun Quality: South Dakota's Code Of Law At The 100th Legislative Session, Justin Goetz

South Dakota Law Review

The South Dakota Codified Laws contain the South Dakota Legislature’s “statutes of a general and permanent nature.” This code is accordingly the Legislature’s greatest product, its legacy, and the ultimate work-for-hire for the people of South Dakota—all while being an exercise of the most fundamental, organic power wielded by state government. As the Legislature attains its One Hundredth Session, any celebration of the Legislature’s history necessarily requires treatment of its greatest product. This article will showcase the prairie populism on which the state and its laws were rooted, and how the first codes and their subsequent iterations all maintained the …

The Supreme Court During Covid-19: Keeping Its Head When Those About It Were Losing Theirs, Timothy C. Macdonnell

South Dakota Law Review

Alexander Hamilton's Federalist No. 78 suggests that one of the reasons for a life-tenured judiciary whose pay cannot be altered is because "judges may be an essential safeguard against the effects of occasional ill humours in the society." Our Nation's history is replete with instances of ill humor leading to violations of constitutional rights. Wars, epidemics, natural disasters, civil unrest, and economic crises all demand governments to act and act swiftly. But courts, and particularly the United States Supreme Court, are necessary to check governments when they go too far in contending with an emergency. Historically the country's courts have …

Reevaluating South Dakota's Medical Malpractice Damages Cap, Zane Rankin

South Dakota Law Review

South Dakota Codified Law section 21-3-11 limits damages recoverable in medical malpractice actions. The cap limits non-economic damages to $500,000, regardless of the jury’s award. The South Dakota Supreme Court upheld the constitutionality of the cap in Knowles ex rel. Knowles v. United States (In re Certification of Questions of Law). This article argues this cap not only constrains the jury’s role in the judicial process but also impacts plaintiffs who suffer severe injuries and require compensation beyond economic losses. This article argues the cap does not align with fundamental principles of fairness and negatively affects both physicians and plaintiffs. …

Charles Forbes 'Beano' Russell - Biography, Jenifer A. Harding

Documents: Charles Forbes (Beano) Russell

Biography of RAF cadet Charles Forbes 'Beano' Russell. who died on July 22, 1941, while training to be a pilot at 5BFTS. He is buried in the Commonwealth War Graves Commission British Plot. at Oak Ridge Cemetery, Arcadia.

Roger Crosskey - Accident Report, Jenifer A. Harding

Documents: Roger Bensley Crosskey

RAF cadet Roger Crosskey was killed in a plane crash on January 20, 1942, while training to be a pilot at 5BFTS. He is buried in the Commonwealth War Graves Commission British Plot. at Oak Ridge Cemetery, Arcadia. This is an account of the accident, written in 1974 or 1975, in which LAC Crosskey lost his life.

“We Just Go With The Flow”: Healthcare Providers As Secondary Impacted Subjects In Informal Refugee Healthcare Provision In Indonesia, Realisa D. Masardi, Elan Lazuardi

Masyarakat: Jurnal Sosiologi

With prolonged transit times, refugees’ right to health in Indonesia has become an urgent issue. This article asks how healthcare providers are positioned within Indonesia’s ambiguous refugee health provision regime. Drawing on qualitative fieldwork, this study moves beyond a legalistic analysis of refugee health rights by foregrounding the precarious positions of healthcare providers themselves. We examine Presidential Regulation 125/2016 as well as state and non-state actors’ views on what are often described as structural barriers in improving refugees’ rights. We argue that conditions of informality, which both arise from and perpetuate institutional ambiguity, systematically undermine refugees’ right to health while …

The Land Of Opportunity Zones: Where Opportunity Goes To Die, Hilana Said

American University Journal of Gender, Social Policy & the Law

What do a superyacht marina in West Palm Beach, Florida; the city in Minnesota that is home to the Mall of America; and a blighted East Harlem, New York, have in common? They are all opportunity zones. This may be a striking fact, considering the first two areas are affluent while the third is home to many low-income families with an average income for elderly citizens below twenty thousand dollars. The problem with the opportunity zones program, as we currently know it, is that it does not serve the right communities, and when it does, it is not always in …

Historical Tradition, The Second Amendment, And Marrying Gun Rights And Regulation: Examining The Proposals In Gavin Newsom's Twenty-Eighth Amendment And Their Place In Second Amendment Jurisprudence, Guy Cheatham

American University Journal of Gender, Social Policy & the Law

In September 2017, Stephen Paddock checked into rooms 32-134 and 32- 135 at the Mandalay Bay Hotel in Las Vegas. Both rooms looked over the Route 91 Festival in Las Vegas Village. Over the course of five days, Paddock brought twenty-two suitcases into his room: five on September 25th, seven on the 26th, two on the 28th, six on the 30th, and two on October 1st. On September 30th, Paddock placed “Do Not Disturb” signs on the doors of rooms 32-134 and 32-135. Paddock considered booking the high level suites for weeks; Google searches from May to September 2017 reveal …

Professors And Company Law: Implications For Academic Freedom, Salar Ghahramani J.D.

American University Journal of Gender, Social Policy & the Law

This Article examines the intersection of company law and academic freedom, specifically exploring how nonprofit universities might invoke corporate and agency law principles to assert breach of fiduciary duty claims when a university could view a professor’s handling of controversial topics or facilitation of provocative class discussions as detrimental to its financial interests or public reputation. Such allegations might arise when universities perceive that these discussions alienate donors, provoke public backlash, or otherwise harm the institution’s standing, thereby framing the professor’s academic choices as potentially disloyal or harmful to the university. While public university professors might argue that the First …

Molecular Modeling Methods And Applications For Accelerating Polymerization And Pyrolysis Studies, Joshua D. Kemppainen

Dissertations, Master's Theses and Master's Reports

Polymer matrix composites and carbon-carbon composites play critical roles in the aerospace, automotive, and construction industries. Different matrix materials and processing conditions can lead to a large variety of composite materials and composite properties. Integrated computational materials engineering has been used to tailor PMC matrix materials and processing conditions to specific properties and manufacturing techniques. The integrated computational materials engineering process modeling framework uses molecular dynamics at the nanometer length scale to characterize the evolving thermo-mechanical properties of the polymer as it cures. Then finite element analysis is used at the micrometer length scale to adjust cure cycles to tailor …

Climate Planning, Energy Sovereignty, And Electric Vehicle Perceptions Among Michigan’S Tribal Nations, Alexis Belle Tater

Dissertations, Master's Theses and Master's Reports

Climate change will especially impact marginalized communities and communities with less government support for funding climate adaptation actions. The first chapter of this report focuses on climate change responses, specifically Tribal Nations in the state of Michigan. In the current U.S. context, funding for large climate change mitigation and adaptation projects in Tribal Nations can be achieved through federal funding from the CPRG (Climate Pollution Reduction Grant), which requires an established PCAP (Priority Climate Action Plans) to guide decision making in alignment with identified priorities. I discuss the importance of Tribal sovereignty, the potential implications of its inclusion and exclusion …

Light Absorbing Aerosol Interactions With Warm Clouds, Shreya Joshi

Dissertations, Master's Theses and Master's Reports

Atmospheric particles such as biomass-burning aerosols, including black carbon - are critical in altering the Earth's energy balance through interactions with light and clouds. Biomass-burning aerosols also contain organic carbon, a diverse mix of organic compounds. As these aerosols age, they evolve by interacting with other atmospheric species, including cloud water, leading to changes in particle morphology and the development of coatings that impact their lifetime and ability to interact with clouds and light.

Some biomass-burning aerosols serve as cloud condensation nuclei. When cloud water droplets form, the properties of the nucleating particles can change. Many clouds evaporate before precipitating, …

Great Lakes And Its Regional Climate In The Future, Miraj Bhakta Kayastha

Dissertations, Master's Theses and Master's Reports

The overarching objective of this dissertation is to enhance our predictive understanding of the Great Lakes regional climate by utilizing advanced modeling techniques and provide comprehensive insights into the future of the Great Lakes. This dissertation focuses on four areas pertinent to the future of the Great Lakes hydroclimate and extreme events, beginning with the derivation of robust water level projections for the Great Lakes in Chapter 2. Using a regional climate modeling system with a two-way coupled three-dimensional (3D) hydrodynamic lake and ice model for the Great lakes, we analyze long-term future changes in the over-lake precipitation, lake evaporation, …

Near-Infrared Fluorescent Cyanine Probes For Monitoring Nad(P)H Dynamics In Living Cells And Drosophila Larvae, May Waters

Dissertations, Master's Theses and Master's Reports

Nicotinamide adenine dinucleotide (NAD+/NADH) plays a critical role in cellular metabolism, with abnormally elevated NADH levels linked to disrupted metabolic processes and cancer. In this study, we developed near-infrared fluorescent probes to selectively measure NADH concentrations. We present five cyanine-based probes, which were optimized by modifying the connection bridges to fine tune electronics. Two NAD(P)H-biosensing probes consisting of 1,3,3-trimethyl-3H-indolium and 3-quinolinium acceptors, linked by thiophene, A, and 3,4-ethylenedioxythiophene, B, bridges are detailed. They exhibit near-infrared fluorescence at 742.1 nm and 727.2 nm for probes A and B, respectively, and generate absorbance signals at 690.6 nm and 685.9 nm. Probe A …

From Conscientious French Canadian To Enterprising American: Making Memory & Measuring Social Mobility Of French Canadians 1880-1940, Brooke S. Schwaderer

Dissertations, Master's Theses and Master's Reports

This thesis studies the social mobility of French-Canadian immigrants to the Keweenaw Peninsula 1880-1940 and memory among their descendants to explain how French-Canadian culture in the Keweenaw faded over time. Oral histories were conducted to gain an understanding of the current French-Canadian culture in the Keweenaw, understand how the current generation perceives changes in culture over time, and provide possible explanations for why French-Canadians thrived in the Keweenaw. Tax records from the Michigan Technological University Archives and social mobility scores, mother tongue, and homeownership information from the United States census was analyzed to measure language loss, and the social mobility …

Utilizing Biometrics And Blockchain For Enhanced Security Of Remote Patient Monitoring (Rpm) Data Sharing, Amaturrahman Raihanah Medlock

Dissertations, Master's Theses and Master's Reports

Advancements in Artificial Intelligence (AI) and Internet of Medical Things (IoMT) technologies have significantly revolutionized the conventional healthcare systems. Through the integration of smart devices, medical sensors, and communication technology, IoMT provides real-time patient’s monitoring data for healthcare providers, thus promoting accurate and timely clinical decisions for patient-centric care. The current healthcare sector is evolving to a connected ecosystem with connectivity and intelligence. While it also incurs increasing security and privacy concerns as integrating IoMT generated patient monitoring data into healthcare information systems. Both blockchain and biometrics are measures that have established reputable names in the security realm. When evaluating …

Sugar Maple (Acer Saccharum Marsh.) Tree-Ring Growth And Carbon Stable Isotope Responses To Nitrogen And Climate, Libbie Ring

Dissertations, Master's Theses and Master's Reports

This dendrochronological and stable carbon isotope study used tree rings from sugar maple (Acer Saccharum Marsh.) collected at long-term nitrogen (N) amended sites throughout Michigan to understand N amendment and deposition, climate, and growth relationships. Climate responses varied by site, however, we found importance in grouping sites by “productivity” which is related to inherent N and soil nutrients. Our results did not detect an overall effect of N amendments on growth during the treatment period. However, data shows N amendments benefiting larger diameter trees, while smaller diameter trees responded more positively without amendments, especially on more productive sites. Results …

Studying The Hadronic Nature Of Ultra-High-Energy Gamma-Ray Emission Using Wide-Field-Of-View Instruments, Rhiannon M. Turner

Dissertations, Master's Theses and Master's Reports

Since the discovery of cosmic rays, i.e., protons, electrons, and atomic nuclei originating from space, and the birth of astroparticle physics, scientists have searched for the most energetic particle accelerators in our galaxy. PeVatrons are astrophysical objects capable of accelerating cosmic rays to peta-electronvolt energies. Studying the nature of PeVatrons allows scientists to study particle physics at energies three orders of magnitude higher than those achievable with Earth-based particle accelerators. While PeVatrons can accelerate both electrons and protons, it is thought that searching for hadronic PeVatrons is more fruitful, given the limitations of accelerating electrons to such high energies. In …

Characterization Of Krypton Performance In A Laboratory 300 W Magnetically Shielded Hall-Effect Thruster, Jacob Henry Knott

Dissertations, Master's Theses and Master's Reports

Xenon has long been the propellant of choice in Hall Thrusters; however, significant work has been performed to produce thrusters capable of utilizing alternate propellants due to xenon’s price and scarcity. Krypton is the most similar alternative propellant to xenon. This work examines the performance of a sub-kilowatt magnetically shielded Hall Thruster operating on both xenon and krypton. Krypton produced lower thrust, specific impulse, and was less efficient than xenon. Specifically, the absolute xenon-krypton efficiency gap was 6 to 24 % . Krypton’s inferior efficiency is primarily attributable to differences in mass utilization and beam divergence losses. The impacts of …

Measuring Occupant Controlled Ventilation And Cooking Frequency To Aid In Modeling Energy Performance Of Northern Michigan Homes, Jacob J. Chizek

Dissertations, Master's Theses and Master's Reports

This research investigates the real-world interplay between energy efficiency and indoor air quality. We explore how home ventilation strategies, heating systems, and weatherization levels in rural homes interact. As part of a larger study on air quality, 17 homes participated in the study. Specifically, this research shows the results and methods for monitoring cooking frequency, kitchen range hood use, and bathroom fan use over two, month-long study periods to build accurate energy and contaminant transport models of homes that were studied. Energy audits to document home characteristics were conducted, including blower door testing and detailed qualitative data regarding the homes’ …

Quantifying So₂ Emissions From Explosive Events Of The 2021 La Soufrière Eruption Using Dscovr/Epic, Yuxi Jin

Dissertations, Master's Theses and Master's Reports

Volcanic eruptions release large quantities of gases, including sulfur dioxide (SO₂), aerosol precursors, and ash into the atmosphere. Quantifying the emission fluxes and temporal variability of SO₂ is crucial for understanding volcanic processes and assessing their impacts on air quality, climate, and aviation safety. Episodic vulcanian to sub-Plinian explosive eruptions are a common feature of many arc volcanoes, but the underlying causes of such episodic behavior remain poorly understood. The 2021 La Soufrière eruption (St. Vincent) featured up to 40 discrete eruptive events between April 9 and April 22, presenting a rare opportunity to analyze time-resolved volcanic SO₂ emissions during …

Growth, Survival, And Herbivore Browsing Preferences Of Seedlings Planted In Black Ash Stands Of Northern Michigan And Wisconsin, Seth W. Davenport

Dissertations, Master's Theses and Master's Reports

To mitigate the cascading ecosystem impacts of widespread black ash (Fraxinus nigra) mortality due to the invasive emerald ash borer (Agrilus planipennis), forested wetlands can be underplanted with seedlings of alternative species that later repopulate the vacated canopy. This study examined the survival and growth, factors influencing performance, and herbivore browsing preferences of seven non-ash species planted in northern Michigan and Wisconsin. The best performing species were river birch (Betula nigra), silver maple (Acer saccharinum), and swamp white oak (Quercus bicolor). The worst performing species was black spruce (Picea …

Methods In Statistics, Machine Learning, And Deep Learning For Combining Multi-Omics Dataset, Md Mutasim Billah

Dissertations, Master's Theses and Master's Reports

Transcriptome-wide association studies (TWAS) have emerged as a powerful strategy to bridge genome-wide association studies (GWAS) with gene regulatory mechanisms by integrating genotypic data with gene expression data. While early TWAS methods typically rely on linear models and single-tissue expression references, recent advances underscore the need for flexible, multi-tissue approaches that can capture heterogeneous regulatory architectures and tissue-specific expression patterns. This dissertation introduces a three‑part research project that advances multi‑tissue transcriptome‑wide association studies (TWAS) along complementary axes of methodology, statistical power, and modelling flexibility.

In chapter One, TWAS‑CTL introduces a two‑stage cross‑tissue learner that trains any user‑chosen single‑tissue imputers (STLs) …

Analysis Of Lava Flow Paths Using Remote Sensing And Geomorphological Techniques, Oluwatosin Oluyemisi Ayo

Dissertations, Master's Theses and Master's Reports

Lava flows have severe impacts on the Earth’s surface, communities, and natural habitats. Accurate modeling of lava flow paths is crucial for volcanic hazard assessment and risk mitigation. This research integrated remote sensing, geographic information systems, geomorphological techniques, and hydrologic analysis to numerically determine the optimal ground sample distance (GSD) of digital elevation models (DEMs) for delineating lava flow paths. Two volcanic regions were analyzed: the Afar Region of Ethiopia (Alu, Dalaffilla, and Erta Ale volcanoes) and the Reykjanes Peninsula of Iceland (Fagradalsfjall volcano). Forward and backward modeling methods were used to simulate potential lava flow paths. Remote sensing data, …

Rural Electrification For Heating And Cooling: Challenges And Opportunities For Equitable Development In The Rural North, Nelly Aghaei

Dissertations, Master's Theses and Master's Reports

Abstract

This study examines the opportunities and challenges of electrifying heating and cooling systems in rural northern communities, with a focus on equity and justice. Anchored in three community case studies—Baraga County, Michigan; Ashland and Iron Counties, Wisconsin; and Beltrami and Clearwater Counties, Minnesota—the research investigates socio-economic and infrastructural barriers to electrification in regions historically impacted by extractive industries. These case studies, selected for their shared histories of resource extraction and active participation of Tribal Nations, including the Keweenaw Bay Indian Community (KBIC) and the Red Lake Reservation, reveal significant disparities in energy access and affordability. Using a mixed-methods approach, …

Comprehensive Analysis Of Krauklis Waves And Long Period Seismic Events In Fluid-Filled Fractures Via Integrated Physical And Numerical Modeling, Sananda Ray

Dissertations, Master's Theses and Master's Reports

Long-period (LP) seismic events, commonly recorded in volcanic and hydrothermal environments, are widely attributed to the resonance of fluid-filled fractures and the excitation of Krauklis waves along the solid-fluid interface. These low-velocity, dispersive waves are sensitive to both fluid dynamics and fracture geometry, offering critical insights into subsurface fluid transport, fracture evolution, and seismic source processes. Despite robust theoretical treatments, experimental validation under realistic geological conditions has remained limited. To address this, I aimed to develop a series of laboratory-based experimental models that systematically investigate the key physical mechanisms driving LP signal generation. In the first set of experiments, I …