Digital Commons Network^™

Is Originalism Bullshit?, Michael L. Smith

Lewis & Clark Law Review

It’s finally time to answer the big question. This Article draws on the surprisingly robust literature examining the definition, essence, and significance of bullshit and evaluates whether originalist constitutional interpretation fits the bill. I begin with Harry Frankfurt’s definition of bullshit as utterances made in pursuit of the speaker’s goals without regard for their truth value. I also rely on alternate formulations, including bullshit as unclarifiable nonsense as well as contextual and audience-centric variations of bullshit.

While not all instances of originalism are bullshit, I identify those instances which are, and go on to demonstrate that originalism is uniquely prone …

Front Matter

Lewis & Clark Law Review

Front Matter contains table of contents, masthead, and faculty for Lewis & Clark Law Review Volume 29, Issue 2.

Disrupting Public Defense: A Transitions Theory Approach, Matt Bender

Lewis & Clark Law Review

Public defense problems are well known, but a solution has been elusive. This Article analyzes public defense’s adaptive features using the Multi-Level Perspective (MLP) for the first time. The MLP is a theoretical framework that is often employed to study institutional and societal barriers to innovative ideas, like climate change responses and clean energy transitions. This Article describes the MLP’s theoretical model and uses it to examine why public defense reform consistently fails.

This Article then goes beyond the MLP framework to explore how transition management tools can be used to design and nurture new approaches to public defense. I …

Perfecting Our Submission? Mann And Trump, Ruffin And Roberts, Joseph Scott Miller

Lewis & Clark Law Review

Presidential power is vast, both under law and in practice. Who holds presidents accountable, and by what means? Courts wrestle with these intertwined questions of power and accountability. The majority opinion in the 2024 presidential immunity case, Trump v. United States, is eerily resonant, rhetorically, with a notorious judgment enhancing one person’s power over others by shielding that power utterly from criminal-law accountability. That judgment, from 1829, is Judge Thomas Ruffin’s infamous slavery-law opinion for the North Carolina Supreme Court in State v. Mann. I juxtapose the two opinions, which share jarringly similar claims about the nature of power, rule, …

Rights As Remedies: Using Latin American Legal Channels To Halt U.S. Border Externalization, Natalie Lerner

Lewis & Clark Law Review

The first Trump Administration saw intense border crackdowns and a ramping up of restrictions on asylum. While some of these policies shifted under President Biden, many were recreated under new names. The second Trump Administration has functionally closed the border and deported asylum seekers to third countries such as Costa Rica and Panama, leaning heavily on Latin American countries to accept expelled migrants. As U.S. courts fail to preserve asylum law domestically, international law, as integrated into the constitutions of Latin American countries, can provide a valuable litigation tool to block those countries from participating in the U.S. border externalization …

Front Matter

Lewis & Clark Law Review

Front Matter contains Table of Contents, masthead, and faculty for Lewis & Clark Law Review, Volume 29, Issue 3.

Curing The Cancer Pledge: Three Legal Reforms To Support Employees With Cancer, Hannah R. Weiser, Elizabeth Brown

Lewis & Clark Law Review

The 2023 Super Bowl featured a short film about the #WorkingWithCancer Pledge, a business initiative supporting employees with cancer, to over 100 million viewers. This film highlighted the struggles of a disease that affects a shocking 50% of individuals. It also underscored the need for a broader and more impactful approach ensuring that people with cancer have as full and equitable opportunities to work as other employees. While cancer in the workplace is increasingly common, misconceptions and stigma surrounding cancer exacerbate the gaps in legal protections for both employees with cancer and their employers. Employees with cancer need better legal …

Carceral Bonds, Tyler E. Dougherty

Lewis & Clark Law Review

Over the past 50 years, the U.S. financed a massive physical and fiscal expansion of prisons via the municipal bond market—with devastating results. This project is the first to shine a light on the role of municipal debt in state-level carceral decision making, spotlighting the ways that the municipal bond market affects states’ capacities to incarcerate.

This Article argues that the two primary controls of states’ use of the carceral bond market—(1) market discipline and (2) states’ fiscal constitutions—are particularly ineffective at limiting states’ spending on prisons. This failure to restrain states’ spending through the carceral bond market enables private …

Graduate Outcomes Of Australian Hospitality Educational Institutions And Skills Desired By Employers: A Matrix Model, Alireza Amrollahi, Hana Hadinejad, Brent D. Moyle, Nicholas Thomas

Research outputs 2022 to 2026

Demand for a skilled hospitality workforce has accelerated post-pandemic. However, limited research has explored the core competencies desired by the hospitality sector and their alignment with graduate outcomes from bachelor’s programs. Consequently, this study uses the Australian accommodation sector as an exemplar case to examine the alignment of skill supply and demand in the sector. An analysis of 28,000 Australian job advertisements reveals that employers seek a combination of soft and hard skills. Soft skills prevalent in job advertisements include communication, customer-orientation, teamwork, and adaptability. Hard skills that emerged include quality assurance, property management, culinary expertise, hospitality proficiency, and safety. …

Maternal Nutriture And Concurrent Wasting And Stunting Among Under-Five Children: A Systematic Review, Aileen R. De Juras, Rodesa N. Forcadilla, Mary Ann M. Ingua, Angeline A. Bueno

Journal Article

Concurrent wasting and stunting (WaSt) is a severe form of child undernutrition associated with increased morbidity and mortality. While maternal nutritional status independently influences wasting and stunting, its role in their co-occurrence among children remains insufficiently explored. This systematic review aimed to examine associations between WaSt and maternal nutritional status and related determinants, as well how WaSt is defined, measured, and reported. It was conducted in accordance with the Preferred Reporting Items for Systematic Reviews and Meta-Analyses guidelines and registered with PROSPERO International Prospective Register of Systematic Reviews (CRD42024493969). Structured searches in Scopus, Web of Science, and Cochrane databases were …

Evaluation Of Bacterial Contamination On Flush Levers And Faucet Tap Handles In The Institute Of Biological Sciences Building Restrooms, University Of The Philippines Los Baños, Jan Patricia S. Estillore, Ronilo Jose D. Flores, Renard M. Jamora

Journal Article

Public restrooms provide convenience outside the home but are frequented by many users daily, creating a risk of microbial contamination on commonly touched surfaces such as flush levers and faucet handles. This study assessed microbial loads on these surfaces across genders and floors and aimed to isolate antibiotic-resistant Staphylococcus species and characterize Enterobacteriaceae. Samples were collected from flush levers and faucet handles across three floors of Wing C, Institute of Biological Sciences, University of the Philippines Los Baños, Laguna, Philippines. Results showed that faucet handles (7.9 × 109CFU/cm2) harbored higher microbial loads than flush levers (5.3 × 109CFU/cm2), and female …

Broader Consequences Of 17Α-Methyltestosterone-Induced Masculinization In Betta Splendens: Toxicological, Behavioral, And Morphometric Outcomes, Imee Rose E. Felipe, Alexandra May R. Rosario, Vijay Hanz A. Tuason

Journal Article

The 17α-methyltestosterone (MT) is a synthetic androgen widely applied in aquaculture, particularly in fish species like Betta splendens, where males have higher commercial value. While MT is effective for sex reversal, the broader physiological and behavioral consequences of MT exposure remain insufficiently characterized. This study evaluated toxicological, behavioral, and morphometric endpoints in B. splendens to provide an integrated assessment of the impacts of MT exposure. Immersion assays in fry (2 days post- hatch, dph) demonstrated clear dose- and exposure-dependent toxicity, with cumulative toxicity under continuous 48 h immersion while greater tolerance under discrete immersion (two 3 h immersion at 2 …

Enhancing Gender-Responsiveness In Agriculture, Aquatic, And Natural Resources (Aanr) Through Gender-Analysis Framework And Monitoring And Evaluation (Game) Tools, Blesshe L. Querijero, Lei A. Pangilinan-Jamolin, Anne Margarette M. Balog, Jane M. Bahil

Journal Article

Gender issues are still observed in the Agriculture, Aquatic, and Natural Resources (AANR) Sector. There have been several programs and initiatives that aimed to address challenges related to gender, however, traditional gender norms greatly influence Filipinos. To continuously address these issues, the DOST- PCAARRD funded a two-year project entitled Gender analysis framework and monitoring and evaluation tools in gender-responsive AANR development projects (GAME tools in AANR), with UPLB as the implementing agency. It started in June 2022 and ended in May 2024. The project aimed to promote gender- responsiveness in the AANR sectors by creating a guidebook for the AANR …

Antibiotic Susceptibility Of Bacterial Contaminants In Tissue-Cultured Musa Acuminata ‘Lakatan’ And Musa Textilis ‘Inosa’, Brendell Philip B. Tejoso, Lourna Mae Q. David, Emmanuel L. Bernardo, Carlo Miguel C. Sandoval, Renard M. Jamora

Journal Article

Banana (Musa acuminata) and abaca (Musa textilis) are economically important crops in the Philippines. However, both crops are increasingly threatened by disease outbreaks, which can be mitigated through mass propagation using tissue culture techniques. Tissue culture propagation, however, is often compromised by bacterial contamination originating from either environmental or endophytic sources. In this study, bacterial isolates from environmental surfaces and tissue-cultured explants were characterized using morphological and biochemical profiling. Environmental isolates consisted of Gram-positive and Gram-negative short rods, whereas tissue culture contaminants were predominantly Gram-negative short rods and a single Gram- positive coccus. This morphological distinction suggests that the tissue …

Supporting Careers, Strengthening Institutions: A Framework For Understanding The Careers Of University Professional Staff, Michelle Gander

Research outputs 2022 to 2026

In recent decades, universities have undergone profound transformations shaped by globalisation, digital disruption, new accountability regimes, and shifting societal expectations. While considerable scholarly and public attention has focused on academic staff within these institutions, far less has been devoted to understanding the evolving roles and contributions of professional staff. This report addresses that gap by bringing much-needed visibility to the increasingly complex, strategic, and professionalised work undertaken by professional services staff in higher education. This report foregrounds the career trajectories and aspirations of university professional staff. It sheds light on the opportunities and constraints that shape their advancement. By tracing …

Assisted Living, Residential Care, And Memory Care Staffing Level Dynamics: Oregon, 2017–2023, Sarah Dys, Ozcan Tunalilar

Institute on Aging Publications

Objectives

To examine changes in staffing levels over time in Oregon assisted living and residential care (AL/RC) communities between 2017 and 2023.

Design

Longitudinal study of licensed AL/RC communities.

Setting and Participants

A total of 1720 setting-year observations from 535 individual AL/RC communities in Oregon between 2017 and 2023.

Methods

Primary data were collected through the Oregon Community-Based Care (CBC) study. Staffing levels were estimated as care staff hours per resident per day and reported overall and by staff type, including registered nurses, licensed practical nurses, certified nursing assistants, certified medication aides, unlicensed care staff, life enrichment staff, and social …

The Effect Of Fatigue On Climbing Fluidity And Hand Movements, Andrew Walsh, L. Seifert, C. Button, S. Vial, J. Croft

Research outputs 2022 to 2026

In rock climbing, climbers use their arms to regulate their posture on the wall, which can lead to localised muscle fatigue. Evidence shows fatigue is the primary cause of falls, but little is known about how fatigue specifically affects climbing rhythm and hand movements. The present study examined climbing fluidity and hand movements on an indoor climbing wall before and after a specific fatiguing protocol. Seventeen climbers completed three repetitions of a challenging climbing route (21 on Ewbank scale) with different levels of localised arm fatigue. Climbers’ movements were tracked using 3D motion capture, and their hand actions assessed using …

Boardroom Dissent: An Integrative Review And Future Research Agenda, Aira Eirola, Pieter Jan Bezemer, Stephan Reinhold

Research outputs 2022 to 2026

Research Question/Issue: Scholars and practitioners view boardroom dissent as central to the functioning of boards of directors. However, there is a lack of consensus on what dissent is, who is involved, when and where it happens, and whether it is a behavioral or cognitive phenomenon. This conceptual unclarity and related fragmentation of empirical results call for an integrative literature review to build a coherent agenda for future research. Research Findings/Results: A content-analysis of 73 articles published between 1997 and 2023 reveals three distinct research clusters that explore the empirical phenomenon: (1) dissent as expressed through voting, (2) dissent as diverging …

The Paradoxical Effect Of Job Autonomy On Communication Overload: A Pathway To Innovative Work Behaviour, Oualid Abidi, Rupali Bhagat, Hamsa Sarhan, Mirna Safi

Research outputs 2022 to 2026

Purpose: This research aims to propose autonomy as a job characteristic that alleviates communication overload, thereby fostering the innovative work behaviours exhibited by knowledge workers. Design/methodology/approach – An empirical survey was administered to 277 knowledge workers from diverse sectors in Kuwait. To analyse the interrelations among the three constructs of the research model, i.e. job autonomy, innovative work behaviours and communication overload, the structural equation modelling method was applied, and mediation analysis was conducted using a bootstrapping method to examine the indirect effect of communication overload. Findings – The findings indicate that the level of job autonomy has a significant …

Attachment Technique As Orthodontic Aligner Retention Reinforcement: An In Vitro Study, Riandri C. Runizar, Retno Widayati, Miesje K. Purwanegara, Sugeng Supriadi, Giri W. Alam, Galih Taqwatomo

Journal of Dentomaxillofacial Science

No abstract provided.

Perceptions Of Endodontic File Separation And Treatment Options Among Dental Practitioners In Chennai, Subodh S. Satheesh, Sneha Baskar, Krishnapriya Balachandar

Journal of Dentomaxillofacial Science

No abstract provided.

Exploring The Link Between Bmi, Oral Health, Salivary Flow And Veillonella Parvula Among Adolescents In An Islamic Boarding School In Indonesia, Putri G. Asturini, Eva Fauziah, Mochamad F. Rizal

Journal of Dentomaxillofacial Science

No abstract provided.

Euphorbia Tirucalli Leaf Extract Induces Apoptosis And Inhibits Cell Migration In Hsc-3 Tongue Cancer Cells, Imelda Ongkiwijaya, Rahmi Amtha, Ferry Sandra, Muhammad I. Rizal, Armelia S. Widyarman, Widya Lestari

Journal of Dentomaxillofacial Science

No abstract provided.

Duration Of Temporomandibular Joint Treatment With Occlusal Splint, Yasmika N. Wulan, Rasmi Rikmasari, Seto Pramudita

Journal of Dentomaxillofacial Science

No abstract provided.

Preschool Parents’ Knowledge Before And After Reading The Electronic Book ‘Trauma To The Primary Teeth’: Experimental Study, Vania Anindita, Eva Fauziah, Mochamad F. Rizal

Journal of Dentomaxillofacial Science

No abstract provided.

Profile And Characteristic Dental Anomalies And Oral Hygiene Status In Down Syndrome Children, Nurlindah Hamrun, Ameta Primasari, Elza Ibrahim, Asmawati Amin, Syakriani Syahrir, Fadhlil Ua. Rahman, Aprivita Lt. Padang, Aziza D. Risqillah

Journal of Dentomaxillofacial Science

No abstract provided.

Opg And Rankl Expression Of Bone Remodelling After Application Of Stichopus Hermanii In Cavia Cobaya, Bahruddin Talib, Asmawati Amin, Astri A. Aziz, Probo D. Putra, Mohammad D. Utama, Alqarama M. Thalib, Aryadi Arsyad, Delvi S. Reni

Journal of Dentomaxillofacial Science

No abstract provided.

Analysis Of Geographic Tongue And Ssured Tongue In Psoriasis Patients, Andi Am. Putri, Febrina Rahmayanti, Gus P. Subita

Journal of Dentomaxillofacial Science

No abstract provided.

Management Of Early Loss Of The Rst Deciduous Molar Using Xed Nonfunctional Space Maintainer, Wesley Kuandinata, Syakriani Syahrir, Rezky O. Rusli, Iriani Fatimah, Nurwahidah, Sulfina Halid, Nurul Hl. Mente

Journal of Dentomaxillofacial Science

No abstract provided.

Conservative Approach In The Management Of Dentigerous Cyst And Horizontal Impaction Tooth Through Marsupialization: Case Report, Swarantika A. Rarasati, Melita Sylvyana, Endang Sjamsudin

Journal of Dentomaxillofacial Science

No abstract provided.