Digital Commons Network^™

The Rule Of Law: “A” Relation Between Law And Morals, Alani Golanski

Northern Illinois University Law Review

H. L. A. Hart allowed that “there are many different types of relation between law and morals.” But he mostly, and sparingly, focused on law’s role in facilitating human survival, necessitating the legal system’s “minimum content of natural law.” Hart’s minimum-content view, in service of his concern to separate law and morals, spilled over into his laconic pronouncement on “legality,” typically deemed synonymous with the rule of law. He claimed that, if the legal system is to fulfill its social control function while abiding by legality, it will have to enact rules that are “within the capacity of most to …

The Demise Of The Bivens Remedy Is Rendering Enforcement Of Federal Constitutional Rights Inequitable But Congress Can Fix It, Henry Rose

Northern Illinois University Law Review

A federal statute allows a person whose federal constitutional rights are violated by state actors to sue for damages. There is no analogous federal statute that allows a person whose constitutional rights are violated by federal actors to sue for damages. In 1971, the United States Supreme Court allowed a suit for damages against federal law enforcement officials who allegedly violated Fourth Amendment rights to proceed directly under the Constitution, creating the Bivens remedy. Beginning in 1983, the Supreme Court reversed course and issued ten consecutive decisions in which it denied a Bivens remedy because no federal statute authorizes suits …

A New Approach To Felony Murder In Illinois, Jason M. Cieslik

Northern Illinois University Law Review

In August of 2019, six teenagers drove to a rural area of Lake County, Illinois, in a stolen vehicle with the intention of burglarizing vehicles. Startled, the homeowner retrieved his gun, went out on the porch, and observed one of the teens approaching him, with what the homeowner determined to be a weapon. The homeowner fired his gun and killed one of the teens. The remaining five teens were charged with felony murder. At the time of this incident, Illinois applied the “proximate-cause theory” to felony murder. In response, the General Assembly amended the felony-murder rule with the intent to …

Fundamental First Amendment Principles, David L. Hudson Jr., Jacob David Glenn

Northern Illinois University Law Review

First Amendment law is highly complex, even labyrinthine. But, there are fundamental principles in First Amendment law that provide a baseline for a core understanding. These ten fundamental principles are: (1) the First Amendment protects the right to criticize the government; (2) the First Amendment abhors viewpoint discrimination and often content, or subject-matter discrimination; (3) the First Amendment protects a great deal of symbolic speech or expressive conduct; (4) the First Amendment protects a great deal of offensive and even repugnant speech; (5) the First Amendment does not protect all forms of speech; (6) the First Amendment often depends upon …

Real Harm In A Virtual World: Establishing Federal Standing In The Seventh Circuit Under Illinois’S Biometric Information Privacy Act, Julia Lobo

Northern Illinois University Law Review

Illinois became the first state to regulate the collection and use of biometric information by private entities when it enacted the Biometric Information Privacy Act in 2008. In the years since, more and more businesses have begun to collect biometric information from their employees and customers. As lawmakers in other states and in Congress look to enact legislation to protect biometric privacy rights, their drafting choices may be informed by three recent Seventh Circuit decisions analyzing when a plaintiff alleging a violation of the Biometric Information Privacy Act has, or has not, established Article III standing as required to proceed …

Outdated Ventriculoperitoneal Shunts And Their Effects On Quality Of Life: An Interdisciplinary Study, Emma Hilario

Honors Capstone Projects

Though many people in the medical field are aware of patients having a low quality of life from ventriculoperitoneal shunts not having updated material and technology, many choose to look at the problem through only one disciplinary perspective. In light of this issue, the sole purpose of this study was to use an interdisciplinary perspective on how outdated ventriculoperitoneal shunts affect quality of life as well as express technology advancement recommendations through this type of analysis. This study involved extensive interdisciplinary work on the causes and symptoms of intracranial pressure, types and advancements of shunt valves, and surgery outcomes and …

Multiculturalism In Advertising: A Look At Non-Diversification And Stereotyping In The Advertising Industry., Elise Heesch

Honors Capstone Projects

If a surveyor was to ask, how does advertising make one feel, would the responses depend on the participant’s disposition, race, and gender? All the responses would potentially be different depending on whether a white male, young Indigenous person, or black female answered. Advertising contributes a significant portion of what society is exposed to. The general population takes advertisements for granted but the message is there to sell a product. Consumers do not always realize the fabricated messages that are present in most advertisements. Desensitization has taken place in response to the strategies that the marketers use. Numerous stereotypes are …

Cfd Simulation Of Varying Fuel Jet Placement Of Mach 2 Flow (Poster), Sara Broad

Honors Capstone Projects

No abstract provided.

The Character Of Jury Exclusion, Anna Offit

Minnesota Law Review Vols. 106:2 onward (2021-present)

Encounters with the legal system are unevenly distributed throughout the American population, with Black and poor citizens targeted as disparate subjects of surveillance, arrest, and criminal conviction. At the same time, these encounters, as well as a stated belief in the unfairness of the legal system, are commonly viewed as legitimate grounds for excusal from jury service. This follows from an understanding of juror bias that assumes that people with negative experiences with legal actors—police and prosecutors, for example—will be less likely to trust and more likely to discount the contributions of those actors within the context of the jury …

Public Undersight, Christina Koningisor

Minnesota Law Review Vols. 106:2 onward (2021-present)

The laws governing transparency and accountability in government are deeply flawed and plagued by steep financial costs, high barriers to access, and widespread corporate capture. While legal scholars have suggested a wide variety of fixes, they have focused almost exclusively on legal solutions. They have largely overlooked a growing set of grassroots efforts that seek to reconstruct government information extralegally, rather than work through existing legal structures or remedy breakdowns in the formal transparency law regime. An array of bottom-up movements to circumvent the formal transparency law and challenge the government’s monopoly on information have sprung up around the country …

A Prisoner’S Dilemma: Why Covid-19 Must Serve As A Catalyst To Address Compassionate Release Limitations In Federal Prison, Mary M. Haasl

Minnesota Law Review Vols. 106:2 onward (2021-present)

COVID-19 significantly impacted the U.S. prison population. Given concerns surrounding its rapid spread through prisons, many federal inmates petitioned for compassionate release during the pandemic’s initial months. This significant increase in compassionate release petitions has yielded an impactful case study regarding the significant limitations posed by the compassionate release statute as written—particularly related to its exhaustion of administrative remedy requirement. Under the First Step Act of 2018, inmates must exhaust their administrative remedies before petitioning the district court for compassionate release. With concerns surrounding COVID-19 spread, some federal district courts allowed the waiver of the exhaustion requirement, while other did …

Understanding The Transition From General To Organic Chemistry, Hannah Chan

Student Scholar Symposium Abstracts and Posters

Organic chemistry is commonly known to have high failure rates and regarded as one of the most difficult courses offered in undergrad. This study assessed whether a modified general chemistry curriculum allowing for more time focused on foundational organic chemistry concepts in general chemistry can improve students’ grade outcome and/or self efficacy when transitioning from general to organic chemistry courses. Two separate variables were tested: grade outcome and self efficacy. Using an independent sample t-test, a comparison of the two groups (modified versus traditional general chemistry) was performed. Grades were assessed by giving students four questions (out of 4 points …

Thinkmed: Inspiring The Future Of Stem, One Project At A Time, Steven Trinh, Lauren Dudley

Student Scholar Symposium Abstracts and Posters

ThinkMED is a nonprofit initiative offering a four-week curriculum specifically designed to develop critical thinking and encourage evidence-based decision making. Each week’s content material revolves around the use of a ThinkBOX science kit containing four (4) wet-lab experiments designed to supplement the curriculum. Each experiment is formulated to be inclusive of all California Next Generation Science Standards (NGSS) K-5. At the end of each week, students get the opportunity to speak with university professors & scientists from a multitude of subject areas including chemistry, anatomy, computer science, physiology, and bioengineering. ThinkBOXes are donated to children and families who do not …

Ser Feliz Es Mi Identidad, Grand Valley State University Undocumented Student

Undocumented Students’ Cartoneras Collections

This cartonera details the personal experiences of a first-generation Mexican-American GVSU student who identifies as undocumented. The cartonera touches on activism, the fear of deportation, and the great responsibility placed on children of immigrants as they attempt to build a better life. This work asks the important question of whether freedom is truly achievable for undocumented individuals in the United States and ends with a dedication to those who feel unseen and go unheard.

Untitled, Grand Valley State University Undocumented Students

Undocumented Students’ Cartoneras Collections

This cartonera shares the experiences of various GVSU students who identify as undocumented and have shared their stories with the author. The cartonera details how student’s struggle to complete schoolwork due to competing priorities and the varied responsibilities they carry, particularly in mixed status households. This work calls on individuals working in higher education to become informed as to the struggles of undocumented students and maintain awareness of new movements and legislative bills that may impact a student’s ability to engage in the classroom and/or complete their studies.

Mastree+: Time‐Series Of Plant Reproductive Effort From Six Continents, Andrew Hacket-Pain, Jessie J. Foest, Ian S. Pearse, Jalene M. Lamontagne, Walter D. Koenig, Giorgio Vacchiano, Michał Bogdziewicz, Thomas Caignard, Paulina Celebias, Joep Van Dormolen, Marcos Fernández-Martínez, Jose V. Moris, Ciprian Palaghianu, Mario Pesendorfer, Akiko Satake, Eliane Schermer, Andrew J. Tanentzap, Peter A. Thomas, Davide Vecchio, Andreas P. Wion, Thomas Wohlgemuth, Tingting Xue, Katharine Abernethy, Marie-Claire Aravena Acuña, Marcelo Daniel Barrera, Jessica H. Barton, Stan Boutin, Emma R. Bush, Sergio Donoso Calderón, Felipe S. Carevic, Carolina Volkmer De Castilho, Juan Manuel Cellini, Colin A. Chapman, Hazel Chapman, Francesco Chianucci, Patricia Da Costa, Luc Croisé, Andrea Cutini, Ben Dantzer, R. Justin Derose, Jean-Thoussaint Dikangadissi, Edmond Dimoto, Fernanda Lopes De Fonseca, Leonard Gallo, Georg Gratzer, David F. Greene, Martín A. Hadad, Alejandro Huertas Herrera, Kathryn J. Jeffery, Jill F. Johnstone, Urs Kalbitzer, Władysław Kantorowicz, Christie A. Kilmas, Jonathan G.A. Lageard, Jeffrey Lane, Mateusz Ledwoń, Abigail C. Leeper, Maria Vanessa Lencinas, Ana Cláudia Lira-Guedes, Michael C. Lordon, Paula Marchelli, Shealyn Marino, Harald Schmidt Van Marle, Andrew G. Mcadam, Ludovic R.W. Momont, Lúcia Helena De Oliveira Wadt, Parisa Panahi, Guillermo Martínez Pastur, Thomas Patterson, Pablo Luis Peri, Łukasz Piechnik, Mehdi Pourhashemi, Claudia Espinoza Quezada, Fidel A. Roig, Karen Peña Rojas, Yamina Micaela Rosas, Silvio Schueler, Barbara Seget, Rosina Soler, Michael A. Steele, Mónica Toro-Manríquez, Caroline E.G. Tutin, Tharcisse Ukizintambara, Lee White, Biplang Yadok, John L. Willis, Anita Zolles, Magdalena Żywiec, Davide Ascoli

Faculty Publications

Significant gaps remain in understanding the response of plant reproduction to environmental change. This is partly because measuring reproduction in long-lived plants requires direct observation over many years and such datasets have rarely been made publicly available. Here we introduce MASTREE+, a data set that collates reproductive time-series data from across the globe and makes these data freely available to the community. MASTREE+ includes 73,828 georeferenced observations of annual reproduction (e.g. seed and fruit counts) in perennial plant populations worldwide. These observations consist of 5971 population-level time-series from 974 species in 66 countries. The mean and median time-series length is …

Near-Inertial Wave Energetics Modulated By Background Flows In A Global Model Simulation, Keshav J. Raja, Maarten J. Buijsman, Jay F. Shriver, Brian K. Arbic, Oladeji Siyanbola

Faculty Publications

We study the generation, propagation, and dissipation of wind-generated near-inertial waves (NIWs) in a global 1/25° Hybrid Coordinate Ocean Model (HYCOM) simulation with realistic atmospheric forcing and background circulation during 30 days in May–June 2019. The time-mean near-inertial wind power input and depth-integrated energy balance terms are computed for the total fields and the fields decomposed into vertical modes to differentiate between the radiative and (locally) dissipative components of NIW energy. Only 30.3% of the near-inertial wind input projects onto the first five modes, whereas the sum of the NIW energy in the first five modes adds up to 58% …

Challenging Some Baseline Assumptions About The Evolution Of International Commissions Of Inquiry, Michael A. Becker

Vanderbilt Journal of Transnational Law

Conventional accounts of the historical development of international commissions of inquiry reflect a progress narrative consisting of three propositions: (1) that recourse to inquiry bodies has increased dramatically in the post-Cold War era, (2) that inquiry bodies have evolved from mechanisms for "pure" fact- finding into quasi-judicial bodies that engage with international law, and (3) that the function of inquiry bodies has shifted from diplomatic dispute settlement to norm enforcement and accountability. Part I explains how this narrative simplifies and distorts the rich history of inquiry bodies in international affairs. Part II shows how the idea of a post-Cold War …

Suspension Of Citizenship: Ethical Concerns In International Commercial Surrogacy And The Legal Possibility Of Stateless Children, Rachael Curtin

Vanderbilt Journal of Transnational Law

Legal issues often exist in ethical gray areas. Advancements in reproductive technologies have increased family-building options for those that were previously unable to procreate. Similarly, globalization has increased family-placement options for children in the adoption context. However, when assisted reproductive technologies advance in a globalized world without regulation or international cooperation, international com- mercial surrogacy arrangements are governed by contractual systems that often protect the commissioning parties, rather than those who are most vulnerable and in need of protections. This Note examines how the current lack of international regulation and cooperation in the international commercial surrogacy context can leave children …

The Non-Verbal Expressions And Experiences Of An Autistic Adolescent In Improvisational, Relationship-Based Music Therapy, Naoko Funahashi

Theses & Dissertations

This study examined the non-verbal expression and experience of an autistic adolescent with language delay in improvisational, relationship-based music therapy. The purpose of the study was to gain a fuller understanding of the adolescent’s experience in music therapy and to discover the roles of music therapy in the larger context of the adolescent’s life. The adolescent’s mother and a professional from his treatment team at his school were each invited to participate in an individual interview consisting of review of a music therapy session video and semi-structured discussion. Thematic analysis of the transcribed interviews yielded themes related to the following: …

The Experiences Of An Individual With Parkinson's Engaging In A Relationship-Based, Improvisational Music Therapy Group, Daniel Delucia

Theses & Dissertations

This study explored the experiences of an individual with Parkinson’s engaging in a relationshipbased, improvisational music therapy group. The researcher utilized the methodology of naturalistic inquiry. An archived video recording of a group music therapy session held through a videoconferencing platform was observed. Music experiences and verbal dialogue were transcribed and put into notation software, and subsequently analyzed through inductive analysis. Two main themes were found: (a) Musical Interrelatedness and (b) Relationship Between Music and Words, with two subthemes under the former; Diane’s Musical Relationship with the Therapist and Diane’s Musical Relationship with the Group; and three under the latter; …

A Thematic Analysis Of The Clinician's Experience Of Individual Music Therapy In Skilled Nursing Facilities With Older Adults, Jaycie Perretta

Theses & Dissertations

This qualitative research study explored the music therapist’s experience of conducting individual music therapy sessions with older adult clients residing in skilled nursing facilities. Three music therapists partook in semi-structured interviews discussing their individual experiences conducting individual music therapy sessions with older adult clients in skilled nursing facilities. Participant interview transcripts were the primary data source and thematic analysis was used to elicit themes in the data. Five themes emerged: (a) theoretical framework, (b) client preferred music used in individual music therapy sessions (c) flexibility in individual sessions, (d) structured sessions for group work, and (e) advocacy for music therapy …

The Experience Of Music Therapists Working With The Parents Of Premature Infants In The Neonatal Intensive Care Unit (Nicu), Harria Kim

Theses & Dissertations

This study explored the lived experience of music therapists working with parents of premature infants in the neonatal intensive care unit (NICU). While there are many studies regarding the effects of music therapy on parents and premature infants in the NICU, few in-depth qualitative studies focus on the experiences and perspectives of music therapists working in the NICU. The present study aims to explore music therapists’ experiences of working with the parents of premature infants in the NICU and their perspectives on how music therapy can meet the needs of these parents. Data were collected through audio-video recording and transcription …

The Role Of Affinity Group Membership For Marginalized Music Therapy Students And Professionals, Fakoya A. Jack-Vilmar

Theses & Dissertations

Little research has been done exploring the significance of affinity group membership in the profession of music therapy. In this study, 48 music therapy students and professionals who identified as a part of an affinity group connected to their marginalized identities were surveyed, answering open- and closed-ended questions related to their experiences of a sense of belongingness, acculturative stress, and burnout in professional environments. Quantitative data were analyzed using cross-tabulation descriptive statistics through Google Forms and qualitative data were analyzed through thematic analysis. The quantitative data highlighted how affinity group membership plays a significant role in the sense of belongingness …

Relationships Of Secondary Traumatic Stress And Self-Efficacy Among Obstetric Nurses Caring For Patients And Families With Perinatal Loss, Jennifer Baierlein

Theses & Dissertations

Background

The labor and delivery unit is a place where new life begins, and families are made. Perinatal loss is a traumatic event for families and those that provide care to expectant families. In providing care to patients and families experiencing perinatal loss, nurses are at risk for secondary traumatic stress, which could be harmful to their physical and emotional state leading to compassion fatigue and burnout. Perinatal loss represents a stressful and emotionally demanding event for healthcare professionals, as they must deal with the additional burden of managing their own emotions while caring for the patients. Self-efficacy is a …

A Case Study Examining High-Achieving Black And Latinx Students’ Reasons For Using Or Not Using Academic Support Services, Nafeeza Uddin-Schmidt

Theses & Dissertations

Black and Latinx students are completing college at lower rates compared to White and Asian students. Many studies have documented the role of academic support services in helping students successfully complete college. Yet, many of the support services are built into students’ course schedules during freshman year to help transition to college. During the sophomore year, many of those supports are no longer built in, and students must seek them out themselves. Therefore, the purpose of this qualitative case study was to examine the reasons high-achieving Black and Latinx students opt in or opt out of using academic support services …

Impact Of Concurrent Palliative Care In The Lung Cancer Patient, Kavita Sharma

Aurora GME

In 2010, Jennifer Temel et al. published a seminal paper in NEJM on early referral (within 8 wks. of diag) to subspecialty PC at MGH in patients newly diagnosed with advanced non-small-cell lung cancer. This showed that early outpatient palliative care in addition to usual oncology care for metastatic non-small cell lung cancer improves physical symptoms, depression, sense of well-being, and not only doesn’t shorten life, but it may also prolong life. This has been a game changer for collaboration between oncology and palliative care. My talk highlights the importance of early involvement of palliative care in the lung cancer …

Reconciling Data-Driven Crime Analysis With Human-Centered Algorithms, Kevin Clancy, Joseph Chudzik, Aleksandra J. Snowden, Shion Guha

Social and Cultural Sciences Faculty Research and Publications

This study combines traditional statistical methods with machine learning to better understand locally relevant, contextual models for analyzing crime in two urban American cities. Using census tracts as the units of analysis and controlling for several structural characteristics associated with crime, we find that in Milwaukee, Wisconsin, violent crime is associated with concentrated disadvantage, residential stability, ethnic heterogeneity, total population, and spatial lag of violent crime. Yet, the most important variable is the spatial lag of violent crime, followed by residential stability, ethnic heterogeneity, total population, and concentrated disadvantage. In addition, we find that in Chicago, Illinois, violent crime is …

Ultrafiltration Membranes Functionalized With Copper Oxide And Zwitterions For Fouling Resistance, Cannon Hackett, Mojtaba Abolhassani, Lauren Greenlee, Audie K. Thompson

Chemical Engineering Faculty Publications and Presentations

Polymeric membrane fouling is a long-standing challenge for water filtration. Metal/metal oxide nanoparticle functionalization of the membrane surface can impart anti-fouling properties through the reactivity of the metal species and the generation of radical species. Copper oxide nanoparticles (CuO NPs) are effective at reducing organic fouling when used in conjunction with hydrogen peroxide, but leaching of copper ions from the membrane has been observed, which can hinder the longevity of the CuO NP activity at the membrane surface. Zwitterions can reduce organic fouling and stabilize NP attachment, suggesting a potential opportunity to combine the two functionalizations. Here, we coated polyethersulfone …

Power In Resilience And Resilience's Power In Climate Change Scholarship, Alicea Garcia, Noémi Gonda, Ed Atkins, Naomi Joy Godden, Karen Paiva Henrique, Meg Parsons, Petra Tschakert, Gina Ziervogel

Research outputs 2022 to 2026

Resilience thinking has undergone profound theoretical developments in recent decades, moving to characterize resilience as a socio-natural process that requires constant negotiation between a range of actors and institutions. Fundamental to this understanding has been a growing acknowledgment of the role of power in shaping resilience capacities and politics across cultural and geographic contexts. This review article draws on a critical content analysis, applied to a systematic review of recent resilience literature to examine how scholarship has embraced nuanced conceptualizations of how power operates in resilience efforts, to move away from framings that risk reinforcing patterns of marginalization. Advancing a …