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Continuous Improvement In North Dakota Schools: Impact Of Mtss Essential Tier 1 Components In Red River Valley Education Cooperative Schools Identified For Targeted Or Comprehensive Support And Improvement, Amy Elizabeth Rohlk May 2024

Continuous Improvement In North Dakota Schools: Impact Of Mtss Essential Tier 1 Components In Red River Valley Education Cooperative Schools Identified For Targeted Or Comprehensive Support And Improvement, Amy Elizabeth Rohlk

Theses and Dissertations

The goal of the continuous improvement process in North Dakota K-12 education is to review and adjust practice to best support student learning. This study considered the continuous improvement services and supports provided by North Dakota Department of Public Instruction (NDDPI), such as providing training and support through regional education cooperatives, adopting the North Dakota multi-tier system of supports (NDMTSS), identifying criteria for low-performing schools under the targeted or comprehensive support and improvement (TSI or CSI) initiative, as well as partnering with Cognia for program improvement tools and school accreditation reviews.The sample population of this study was limited to member …


Victimization And Perpetration Of Sexual Violence In College Men: Factors Influencing Overlap And Prevention, Jasmine Ann Skorheim May 2024

Victimization And Perpetration Of Sexual Violence In College Men: Factors Influencing Overlap And Prevention, Jasmine Ann Skorheim

Theses and Dissertations

Previous research has demonstrated a relationship between victimization and perpetration of sexual violence, referred to as victim-offender overlap, and explained this relationship through theories such as the cycle of violence. The current study examined this relationship by grouping participants based on experiences of victimization only, perpetration only, and both victimization and perpetration (both group). Exploratory analysis also considered childhood sexual abuse. Interpersonal and psychological risk factors relevant to perpetration prevention programming were then analyzed between groups. Participants consisted of 486 college men recruited from Kent State University’s psychology subject pool who completed an online survey through Qualtrics. It was found …


Two Sequential Gene Expression Programs Bridged By Cell Division Support Long-Distance Collective Cell Migration, Jingjing Sun, Ayse Damla Durmaz, Aswini Babu, Frank Macabenta, Angelike Stathopoulos May 2024

Two Sequential Gene Expression Programs Bridged By Cell Division Support Long-Distance Collective Cell Migration, Jingjing Sun, Ayse Damla Durmaz, Aswini Babu, Frank Macabenta, Angelike Stathopoulos

Biology, Agriculture and Chemistry Faculty Publications and Presentations

The precise assembly of tissues and organs relies on spatiotemporal regulation of gene expression to coordinate the collective behavior of cells. In Drosophila embryos, the midgut musculature is formed through collective migration of caudal visceral mesoderm (CVM) cells, but how gene expression changes as cells migrate is not well understood. Here, we have focused on ten genes expressed in the CVM and the cis-regulatory sequences controlling their expression. Although some genes are continuously expressed, others are expressed only early or late during migration. Late expression relates to cell cycle progression, as driving string/Cdc25 causes earlier division of CVM cells and …


Onc201 (Dordaviprone) In Recurrent H3 K27m-Mutant Diffuse Midline Glioma, Isabel Arrillaga-Romany, Andrew Cluster, Et Al. May 2024

Onc201 (Dordaviprone) In Recurrent H3 K27m-Mutant Diffuse Midline Glioma, Isabel Arrillaga-Romany, Andrew Cluster, Et Al.

2020-Current year OA Pubs

PURPOSE: Histone 3 (H3) K27M-mutant diffuse midline glioma (DMG) has a dismal prognosis with no established effective therapy beyond radiation. This integrated analysis evaluated single-agent ONC201 (dordaviprone), a first-in-class imipridone, in recurrent H3 K27M-mutant DMG.

METHODS: Fifty patients (pediatric, n = 4; adult, n = 46) with recurrent H3 K27M-mutant DMG who received oral ONC201 monotherapy in four clinical trials or one expanded access protocol were included. Eligible patients had measurable disease by Response Assessment in Neuro-Oncology (RANO) high-grade glioma (HGG) criteria and performance score (PS) ≥60 and were ≥90 days from radiation; pontine and spinal tumors were ineligible. The …


Ligand Efficacy Modulates Conformational Dynamics Of The Μ-Opioid Receptor, Jiawei Zhao, Matthias Elgeti, Evan S O'Brien, Cecília P Sár, Amal Ei Daibani, Jie Heng, Xiaoou Sun, Elizabeth White, Tao Che, Wayne L Hubbell, Brian K Kobilka, Chunlai Chen May 2024

Ligand Efficacy Modulates Conformational Dynamics Of The Μ-Opioid Receptor, Jiawei Zhao, Matthias Elgeti, Evan S O'Brien, Cecília P Sár, Amal Ei Daibani, Jie Heng, Xiaoou Sun, Elizabeth White, Tao Che, Wayne L Hubbell, Brian K Kobilka, Chunlai Chen

2020-Current year OA Pubs

The µ-opioid receptor (µOR) is an important target for pain management


A Precision Functional Atlas Of Personalized Network Topography And Probabilities, Robert J M Hermosillo, Ally Dworetsky, Babatunde Adeyemo, Caterina Gratton, Steven Petersen, Nico U F Dosenbach, Et Al. May 2024

A Precision Functional Atlas Of Personalized Network Topography And Probabilities, Robert J M Hermosillo, Ally Dworetsky, Babatunde Adeyemo, Caterina Gratton, Steven Petersen, Nico U F Dosenbach, Et Al.

2020-Current year OA Pubs

Although the general location of functional neural networks is similar across individuals, there is vast person-to-person topographic variability. To capture this, we implemented precision brain mapping functional magnetic resonance imaging methods to establish an open-source, method-flexible set of precision functional network atlases-the Masonic Institute for the Developing Brain (MIDB) Precision Brain Atlas. This atlas is an evolving resource comprising 53,273 individual-specific network maps, from more than 9,900 individuals, across ages and cohorts, including the Adolescent Brain Cognitive Development study, the Developmental Human Connectome Project and others. We also generated probabilistic network maps across multiple ages and integration zones (using a …


Mapping Brain Function In Adults And Young Children During Naturalistic Viewing With High-Density Diffuse Optical Tomography, Kalyan Tripathy, Morgan Fogarty, Alexandra M Svoboda, Mariel L Schroeder, Sean M Rafferty, Edward J Richter, Christopher Tracy, Patricia K Mansfield, Madison Booth, Andrew K Fishell, Arefeh Sherafati, Zachary E Markow, Muriah D Wheelock, Ana María Arbeláez, Bradley L Schlaggar, Christopher D Smyser, Adam T Eggebrecht, Joseph P Culver May 2024

Mapping Brain Function In Adults And Young Children During Naturalistic Viewing With High-Density Diffuse Optical Tomography, Kalyan Tripathy, Morgan Fogarty, Alexandra M Svoboda, Mariel L Schroeder, Sean M Rafferty, Edward J Richter, Christopher Tracy, Patricia K Mansfield, Madison Booth, Andrew K Fishell, Arefeh Sherafati, Zachary E Markow, Muriah D Wheelock, Ana María Arbeláez, Bradley L Schlaggar, Christopher D Smyser, Adam T Eggebrecht, Joseph P Culver

2020-Current year OA Pubs

Human studies of early brain development have been limited by extant neuroimaging methods. MRI scanners present logistical challenges for imaging young children, while alternative modalities like functional near-infrared spectroscopy have traditionally been limited by image quality due to sparse sampling. In addition, conventional tasks for brain mapping elicit low task engagement, high head motion, and considerable participant attrition in pediatric populations. As a result, typical and atypical developmental trajectories of processes such as language acquisition remain understudied during sensitive periods over the first years of life. We evaluate high-density diffuse optical tomography (HD-DOT) imaging combined with movie stimuli for high …


Evaluation Of An Automated Von Willebrand Factor Glycoprotein Ibm Activity Assay Compared With 3 Alternative Von Willebrand Factor Activity Assays, Kenneth D Friedman, Martina Böhm-Weigert, Nicole Desimone, Dennis J Dietzen, Charles Eby, Cynthia Flickinger, Walter Hoyer, Mareike Kahl, Kandice Kottke-Marchant, Thomas L Ortel, Jürgen Patzke, Steven W Pipe, Morgan Stuart, Ayse Anil Timur, Ravindra Sarode May 2024

Evaluation Of An Automated Von Willebrand Factor Glycoprotein Ibm Activity Assay Compared With 3 Alternative Von Willebrand Factor Activity Assays, Kenneth D Friedman, Martina Böhm-Weigert, Nicole Desimone, Dennis J Dietzen, Charles Eby, Cynthia Flickinger, Walter Hoyer, Mareike Kahl, Kandice Kottke-Marchant, Thomas L Ortel, Jürgen Patzke, Steven W Pipe, Morgan Stuart, Ayse Anil Timur, Ravindra Sarode

2020-Current year OA Pubs

BACKGROUND: To overcome deficiencies of the traditional von Willebrand factor (VWF) ristocetin cofactor activity assay (VWF:RCo), several automated assays for VWF platelet-binding activity have been developed. Information on the performance of these assays and their diagnostic utility remains limited.

OBJECTIVES: To validate the VWF:glycoprotein IbM assay INNOVANCE VWF Ac and compare it with an automated VWF:RCo assay as well as with an automated assay and a manual VWF:Ab assay and to generate reference ranges and analyze reproducibility of the VWF:glycoprotein IbM assay.

METHODS: Clinical sites enrolled healthy subjects and patients representing the intended use population; VWF activity assays were performed, …


My Anesthesia Choice-Hf: Development And Preliminary Testing Of A Tool To Facilitate Conversations About Anesthesia For Hip Fracture Surgery, Mark D Neuman, Glyn Elwyn, Veena Graff, Viktoria Schmitz, Mary C Politi May 2024

My Anesthesia Choice-Hf: Development And Preliminary Testing Of A Tool To Facilitate Conversations About Anesthesia For Hip Fracture Surgery, Mark D Neuman, Glyn Elwyn, Veena Graff, Viktoria Schmitz, Mary C Politi

2020-Current year OA Pubs

BACKGROUND: Patients often desire involvement in anesthesia decisions, yet clinicians rarely explain anesthesia options or elicit preferences. We developed My Anesthesia Choice-Hip Fracture, a conversation aid about anesthesia options for hip fracture surgery and tested its preliminary efficacy and acceptability.

METHODS: We developed a 1-page, tabular format, plain-language conversation aid with feedback from anesthesiologists, decision scientists, and community advisors. We conducted an online survey of English-speaking adults aged 50 and older. Participants imagined choosing between spinal and general anesthesia for hip fracture surgery. Before and after viewing the aid, participants answered a series of questions regarding key outcomes, including decisional …


Multi-Scale Cortical Bone Traits Vary In Females And Males From Two Mouse Models Of Genetic Diversity, Nicole Migotsky, Surabhi Kumar, John T Shuster, Jennifer C Coulombe, Bhavya Senwar, Adrian A Gestos, Charles R Farber, Virginia L Ferguson, Matthew J Silva May 2024

Multi-Scale Cortical Bone Traits Vary In Females And Males From Two Mouse Models Of Genetic Diversity, Nicole Migotsky, Surabhi Kumar, John T Shuster, Jennifer C Coulombe, Bhavya Senwar, Adrian A Gestos, Charles R Farber, Virginia L Ferguson, Matthew J Silva

2020-Current year OA Pubs

Understanding the genetic basis of cortical bone traits can allow for the discovery of novel genes or biological pathways regulating bone health. Mice are the most widely used mammalian model for skeletal biology and allow for the quantification of traits that cannot easily be evaluated in humans, such as osteocyte lacunar morphology. The goal of our study was to investigate the effect of genetic diversity on multi-scale cortical bone traits of 3 long bones in skeletally-mature mice. We measured bone morphology, mechanical properties, material properties, lacunar morphology, and mineral composition of mouse bones from 2 populations of genetic diversity. Additionally, …


Eliminating Rule 609 To Provide A Fair Opportunity To Defend Against Criminal Charges: A Proposal To The Advisory Committee On The Federal Rules Of Evidence, Jeffrey Bellin May 2024

Eliminating Rule 609 To Provide A Fair Opportunity To Defend Against Criminal Charges: A Proposal To The Advisory Committee On The Federal Rules Of Evidence, Jeffrey Bellin

Faculty Publications

Federal Rule of Evidence 609 authorizes the admission of prior convictions to impeach criminal defendants who testify. And in this important and uniquely damaging application, the [r]ule’s logic fails, distorting American trials and depriving defendants of a fair opportunity to defend against the charges. The Advisory Committee [on Evidence Rules (the “Advisory Committee”)] should propose the elimination of Rule 609 and prohibit cross-examination with specific instances of a criminal defendant’s past conduct when those instances are unrelated to the defendant’s testimony and unconnected to the case.

This short essay begins by setting out the proposed rule change alongside a proposed …


Plastic Alternatives And Substitutes In The Packaging Sector – A Uk Consumer Perspective, Sohvi Nuojua, Sabine Pahl, Richard C. Thompson May 2024

Plastic Alternatives And Substitutes In The Packaging Sector – A Uk Consumer Perspective, Sohvi Nuojua, Sabine Pahl, Richard C. Thompson

School of Biological and Marine Sciences

Alternative and substitute materials to conventional plastic packaging offer a range of potential opportunities to help reduce the environmental impacts of single-use plastic. Policymakers and industry stakeholders are currently debating measures to address the plastic pollution crisis globally, but successful implementation of new policies or packaging technologies will require understanding of consumer perspectives and consumer acceptability. The present study aimed to examine consumer perceptions around plastic alternatives and substitutes by employing a life cycle approach. The Kano model of consumer satisfaction was used to investigate how UK consumers (n = 1177) responded to a variety of environmentally relevant attributes and …


Association Of Variability And Hypertensive Loads In 24-H Blood Pressure With Mortality And Cardiovascular Risk, Jesus D. Melgarejo, Dhrumil Patil, Luis J. Mena, Kristina P. Vatcheva, Jose A. Garcia, Claudia Satizabal, Carlos A. Chavez, Rosa V. Pirela, Sudha Seshadri, Gladys E. Maestre May 2024

Association Of Variability And Hypertensive Loads In 24-H Blood Pressure With Mortality And Cardiovascular Risk, Jesus D. Melgarejo, Dhrumil Patil, Luis J. Mena, Kristina P. Vatcheva, Jose A. Garcia, Claudia Satizabal, Carlos A. Chavez, Rosa V. Pirela, Sudha Seshadri, Gladys E. Maestre

School of Medicine Publications

Background: Evidence shows that high 24-h blood pressure (BP) variability increases cardiovascular risk. We investigated whether 24-h BP variability relates to mortality and cardiovascular risk due to inherent variability and/or hypertensive loads in 24-h BP.

Methods: A total of 1050 participants from the Maracaibo Aging Study (mean age, 66y; women, 67.2%) underwent 24-h ambulatory BP monitoring and were followed between 2001-2016. To evaluate inherent BP variability, we used average real variability (ARV) as it captures variability among consecutive BP readings. 24-h systolic BP load was the proportion (%) of systolic BP readings ≥130 mmHg during the daytime and ≥110 during …


Insights Into The Radioprotective Efficacy Of Pterocarpus Santalinus L. Aqueous Extract, Eswara N. Hanuma Kumar Ghali, Sravan Kumar Sandopu, Dharmendra Kumar Maurya, Balaji Meriga May 2024

Insights Into The Radioprotective Efficacy Of Pterocarpus Santalinus L. Aqueous Extract, Eswara N. Hanuma Kumar Ghali, Sravan Kumar Sandopu, Dharmendra Kumar Maurya, Balaji Meriga

School of Medicine Publications

In the present study, we have attempted a comprehensive assessment of the possible radioprotective efficacy of Pterocarpus santalinus aqueous extract (PSAE). All the studied models were gamma-irradiated with prior treatment with PSAE. First, the content of total phenols (4.061 μg/mg gallic acid equivalents), flavonoids (6.616 μg/mg quercetin equivalents), and tannins (0.008 mg/L of PSAE) were determined spectrophotometrically. Second, UHPLC-HRMS analysis was performed to identify the possible radioprotectors. Of those, santalins A & B are known for their usage as natural color in foods and alcoholic beverages identified in PSAE. Treatment was well tolerated with no side effects from PSAE. Later, …


Current Trends And Challenges Of Microbiome Research In Prostate Cancer, Shaun Trecarten, Bernard Fongang, Michael Liss May 2024

Current Trends And Challenges Of Microbiome Research In Prostate Cancer, Shaun Trecarten, Bernard Fongang, Michael Liss

School of Medicine Publications

Purpose of review: The role of the gut microbiome in prostate cancer is an emerging area of research interest. However, no single causative organism has yet been identified. The goal of this paper is to examine the role of the microbiome in prostate cancer and summarize the challenges relating to methodology in specimen collection, sequencing technology, and interpretation of results.

Recent findings: Significant heterogeneity still exists in methodology for stool sampling/storage, preservative options, DNA extraction, and sequencing database selection/in silico processing. Debate persists over primer choice in amplicon sequencing as well as optimal methods for data normalization. Statistical methods for …


Non-Alcoholic Fatty Liver Disease: Role Of Pnpla3 And Its Association With Environmental Chemicals, Shakil A. Saghir, Ata Abbas, Saleh Alfuraih, Ajay Sharma, Jean Latimer, Yadollah Omidi, Rais Ansari May 2024

Non-Alcoholic Fatty Liver Disease: Role Of Pnpla3 And Its Association With Environmental Chemicals, Shakil A. Saghir, Ata Abbas, Saleh Alfuraih, Ajay Sharma, Jean Latimer, Yadollah Omidi, Rais Ansari

Pharmacy Faculty Articles and Research

Globally, non-alcoholic fatty liver disease (NAFLD) is on the rise with 30-32%, 27-33%, 35-48%, 36%, 9-20%, and 36-38% prevalence in Asia, Europe, North America, South America, Africa, and Australia, respectively. Approximately, 5-10% of NAFLD proceeds to hepatitis called non-alcoholic steatohepatitis (NASH). NASH often progresses to liver fibrosis, cirrhosis, and hepatocellular carcinoma (HCC). Precise mechanism(s) for the development of HCC is not fully understood in NAFLD and NASH patients. Higher insulin levels in type 2 diabetes (T2D) can result in lipolysis of adipose tissue activating lipid synthesizing enzymes such as fatty acid synthase and stearoyl-CoA desaturase-1, resulting in lipid accumulation in …


Advancing Genomics To Improve Health Equity, Ebony B Madden, Lucia A Hindorff, Vence L Bonham, Tabia Henry Akintobi, Esteban G Burchard, Kellan E Baker, Rene L Begay, John D Carpten, Nancy J Cox, Valentina Di Francesco, Denise A Dillard, Faith E Fletcher, Stephanie M Fullerton, Nanibaa' A Garrison, Catherine M Hammack-Aviran, Vanessa Y Hiratsuka, James E K Hildreth, Carol R Horowitz, Chanita A Hughes Halbert, Michael Inouye, Amber Jackson, Latrice G Landry, Rick A Kittles, Jeff T Leek, Nita A Limdi, Nicole C Lockhart, Elizabeth O Ofili, Eliseo J Pérez-Stable, Maya Sabatello, Loren Saulsberry, Lorjetta E Schools, Jennifer L Troyer, Benjamin S Wilfond, Genevieve L Wojcik, Judy H Cho, Sandra S-J Lee, Eric D Green May 2024

Advancing Genomics To Improve Health Equity, Ebony B Madden, Lucia A Hindorff, Vence L Bonham, Tabia Henry Akintobi, Esteban G Burchard, Kellan E Baker, Rene L Begay, John D Carpten, Nancy J Cox, Valentina Di Francesco, Denise A Dillard, Faith E Fletcher, Stephanie M Fullerton, Nanibaa' A Garrison, Catherine M Hammack-Aviran, Vanessa Y Hiratsuka, James E K Hildreth, Carol R Horowitz, Chanita A Hughes Halbert, Michael Inouye, Amber Jackson, Latrice G Landry, Rick A Kittles, Jeff T Leek, Nita A Limdi, Nicole C Lockhart, Elizabeth O Ofili, Eliseo J Pérez-Stable, Maya Sabatello, Loren Saulsberry, Lorjetta E Schools, Jennifer L Troyer, Benjamin S Wilfond, Genevieve L Wojcik, Judy H Cho, Sandra S-J Lee, Eric D Green

Center for Medical Ethics and Health Policy Staff Publications

Health equity is the state in which everyone has fair and just opportunities to attain their highest level of health. The field of human genomics has fallen short in increasing health equity, largely because the diversity of the human population has been inadequately reflected among participants of genomics research. This lack of diversity leads to disparities that can have scientific and clinical consequences. Achieving health equity related to genomics will require greater effort in addressing inequities within the field. As part of the commitment of the National Human Genome Research Institute (NHGRI) to advancing health equity, it convened experts in …


Corticospinal Inhibition Investigated In Relation To Upper Extremity Motor Function In Cervical Spinal Cord Injury, Tarun Arora, Jia Liu, Akhil Mohan, Xin Li, Kyle O'Laughlin, Teale Bennett, Gregory Nemunaitis, Francois Bethoux, Svetlana Pundik, Kelsey Baker May 2024

Corticospinal Inhibition Investigated In Relation To Upper Extremity Motor Function In Cervical Spinal Cord Injury, Tarun Arora, Jia Liu, Akhil Mohan, Xin Li, Kyle O'Laughlin, Teale Bennett, Gregory Nemunaitis, Francois Bethoux, Svetlana Pundik, Kelsey Baker

School of Medicine Publications

Objective: Corticospinal inhibitory mechanisms are relevant to functional recovery but remain poorly understood after spinal cord injury (SCI). Post-injury characteristics of contralateral silent period (CSP), a measure of corticospinal inhibition evaluated using transcranial magnetic stimulation (TMS), is inconsistent in literature. We envisioned that investigating CSP across muscles with varying degrees of weakness may be a reasonable approach to resolve inconsistencies and elucidate the relevance of corticospinal inhibition for upper extremity function following SCI.

Methods: We studied 27 adults with chronic C1-C8 SCI (age 48.8 ± 16.1 years, 3 females) and 16 able-bodied participants (age 33.2 ± 11.8 years, 9 females). …


Table Of Contents (V. 32, No. 4) May 2024

Table Of Contents (V. 32, No. 4)

William & Mary Bill of Rights Journal

No abstract provided.


303 Creative Llc, Public Accommodations Law, And The Many Possible Futures Of Rights, Jacob Eisler May 2024

303 Creative Llc, Public Accommodations Law, And The Many Possible Futures Of Rights, Jacob Eisler

William & Mary Bill of Rights Journal

The unifying theme of the contributions to this Collection of Essays on 303 Creative LLC, which emerged from a panel held at the 2024 American Association of Law Schools meeting, is that while 303 Creative LLC may have brought these themes forward, their full expositions lie in the hands of Supreme Court jurisprudence that is yet to come...

In exploring these possibilities, this Collection seeks to anticipate what might come next for both the First Amendment and public accommodations law.

This abstract has been taken from the author's introduction.


Law Office History And The Unrelenting Attack On Public Accommodations Law, James M. Oleske Jr. May 2024

Law Office History And The Unrelenting Attack On Public Accommodations Law, James M. Oleske Jr.

William & Mary Bill of Rights Journal

In recent years, the cause of commercial liberty has found new life in litigation challenging public accommodations laws that prohibit discrimination by businesses on the basis of sexual orientation. Considerable scholarly attention has been paid to the use of the First Amendment as a liability shield in these cases, which have primarily been litigated on the terrain of free speech and religious liberty. But in amicus briefs filed in both cases that have reached the Supreme Court—303 Creative LLC v. Elenis and Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission—scholars who are skeptical of commercial regulation have also …


First Amendment Defenses To Alien Transportation Crimes, Charquia Wright May 2024

First Amendment Defenses To Alien Transportation Crimes, Charquia Wright

William & Mary Bill of Rights Journal

Florida law now prohibits the transportation of undocumented aliens into the state. Briefings characterize these laws as unconstitutionally preempting federal immigration law and federal due process rights. Despite this emphasis on due process, field, and conflict preemption unconstitutionality, few have addressed the First Amendment implications of human smuggling prosecutions of natural and some corporate persons. The Supreme Court’s Free Exercise precedent protects the religious freedoms of natural persons and some corporations. Under state alien transportation laws, these freedoms cease to exist. Because the Supreme Court has extended these religious protections to some corporations, they too are entitled to First Amendment …


Blunt Speech Rights, Nicholas Almendares May 2024

Blunt Speech Rights, Nicholas Almendares

William & Mary Bill of Rights Journal

There is a lot to be said about the Supreme Court’s decision in 303 Creative LLC. In the wake of the decision there will be a range of commentaries like those presented in this Issue. I want to draw attention to a particular aspect of the opinion, part of a broader trend in the Court’s First Amendment jurisprudence, towards blunt, sweeping rules. By a blunt rule, I mean a simple, coarse one that lacks nuance or distinctions. Blunt rules, by their nature, tend to be sweeping: nuance, that is, distinguishing cases based on various factors, limits the scope of …


Understanding 303 Creative Llc In A Polycentric Constitutional World, Meg Penrose May 2024

Understanding 303 Creative Llc In A Polycentric Constitutional World, Meg Penrose

William & Mary Bill of Rights Journal

The evolution of rights following Obergefell is not over. Creative 303 LLC marked a new phase in the ongoing legal challenges over the rights and ceremonies attending same-sex marriage. This Essay addresses the anticipated limits of 303 Creative LLC.

The Essay proceeds in three parts. First, how does 303 Creative LLC impact government employees? What rights, if any, should government employees be able to raise in light of 303 Creative LLC? Second, what does 303 Creative LLC mean for private marketplace vendors engaging in expressive commerce? Vendors, particularly wedding vendors, often create unique items for weddings. Will the …


The Limits Of Lochnerism, Lucien Ferguson May 2024

The Limits Of Lochnerism, Lucien Ferguson

William & Mary Bill of Rights Journal

The Lochnerism thesis is among the most influential constitutional theories to emerge in recent years. It argues that the judiciary increasingly protects private business from public regulation by enshrining and expanding liberty of contract rights under the First Amendment. Using 303 Creative LLC v. Elenis as a case study, this Essay explores the limits of Lochnerism as a theoretical framework. It argues that, while productively illuminating the judiciary’s attack on the administrative state and democratic processes, the theory may also displace concerns over the concrete harms experienced by vulnerable communities. To bring these harms back into view, this Essay suggests …


Standpoint Epistemology, The First Amendment, And University Affirmative Action, Paul Gowder May 2024

Standpoint Epistemology, The First Amendment, And University Affirmative Action, Paul Gowder

William & Mary Bill of Rights Journal

Egalitarian legal scholars understandably might have been troubled by the end of June 2023, when, on two successive days, the Supreme Court appeared to put an end to public as well as to private university affirmative action on a theory of race discrimination in Students for Fair Admissions v. Harvard, then appeared to put an end to the application of anti-discrimination law to any private enterprise that could be characterized as “expressive” in 303 Creative LLC v. Elenis. Yet the June 30 case, I shall contend, has the potential to undermine the negative impact of the June 29 …


No Need To Wait: Congress Has The Power Under Section Five Of The Fourteenth Amendment To Abolish The Death Penalty In The States, Eric M. Freedman May 2024

No Need To Wait: Congress Has The Power Under Section Five Of The Fourteenth Amendment To Abolish The Death Penalty In The States, Eric M. Freedman

William & Mary Bill of Rights Journal

Reformers currently proposing the abolition of capital punishment by federal legislation have only targeted the federal death penalty. They are aiming too low. Concerns about the roughly 50 prisoners facing execution by the federal government should not cause advocates to ignore the approximately 2,400 on the combined Death Rows of the states. Congress has the authority to abolish the death penalty in the states, and good reason to exercise it.

This Article takes as a given the Supreme Court’s view that the death penalty is not itself unconstitutional.

But under existing law Congress would have no difficulty in compiling a …


Immoderate Moderation: Chief Justice Roberts's Concurrence In Dobbs, Thomas J. Molony May 2024

Immoderate Moderation: Chief Justice Roberts's Concurrence In Dobbs, Thomas J. Molony

William & Mary Bill of Rights Journal

Chief Justice John Roberts attempted to chart a middle way in Dobbs v. Jackson Women’s Health Organization. But there are times when you must choose a side. This was one of them.

The Chief Justice has been a consistent proponent of judicial restraint since he joined the United States Supreme Court in 2005. For him, one of the key characteristics of restraint is deciding no more than necessary to resolve a case. In Dobbs, he insisted that the Court did not need to overrule Roe v. Wade and Planned Parenthood v. Casey in full to uphold Mississippi’s fifteen-week …


Convening For (Climate) Change: The Constitutional Case For A U.S. Climate Assembly, Will Mccabe May 2024

Convening For (Climate) Change: The Constitutional Case For A U.S. Climate Assembly, Will Mccabe

William & Mary Bill of Rights Journal

This Note argues that a national U.S. Citizens’ Assembly for Climate would not violate the non-delegation doctrine which prevents Congress from improperly delegating its constitutional legislative power to another body. A climate assembly could potentially be authorized in several ways; this Note explores that of Congress convening a climate assembly through statute, either as an independent body or as a body under the authority of the Environmental Protection Agency. Part I examines the current state of American climate policy and the political debate surrounding it, putting forward a case for a novel approach, and also examines the concept of climate …


Democratic Vibes, Jonathan Gingerich May 2024

Democratic Vibes, Jonathan Gingerich

William & Mary Bill of Rights Journal

Who should decide who gets to say what on online social media platforms like Facebook, Twitter, and YouTube? American legal scholars have often thought that the private owners of these platforms should decide, in part because such an arrangement is thought to serve valuable free speech interests. This standard view has come under pressure with the enactment of statutes like Texas House Bill 20, which forbids certain platforms from “censoring” user content based on viewpoint. Such efforts to regulate the speech policies of online platforms have been challenged for undermining the editorial speech rights of these platforms and allowing the …