Digital Commons Network^™

My Body, My Choice?: Criminal Abortion Law In A Post Roe-World, Bree Mckenna

Student Works

No abstract provided.

The Free Exercise Clause And Rfra As Applied To Vaccine Mandates And Religious Exemptions Of Military Servicemembers, Brendan A. Calello

Student Works

No abstract provided.

From Licensure To Localism: How Overregulation Is Hindering The Cannabis Supply Chain, Ralph Setton

Student Works

No abstract provided.

Rebuffing Russian Ransomware: How The United States Should Use The Colonial Pipeline And Jbs Usa Hackings As A Defense Guide For Ransomware., John Keary

Student Works

No abstract provided.

The Phantom Theorem, Daniel Pucillo

Student Works

No abstract provided.

Transforming Intimate Partner Violence, Kiah Murphy

Student Works

No abstract provided.

Prayer At Graduations: Why We Should Celebrate Religious Invocations By Students, Not Silence Them, Richard Barkauskas Iii

Student Works

No abstract provided.

Employee Treatment: An Exception To The Ministerial Exception?, Hayley Mclaughlin

Student Works

No abstract provided.

Service Time Manipulation And The Curt Flood Act, Daniel Maclane

Student Works

No abstract provided.

You Wanna Bet (Your Job)? The Ada’S Exclusion Of Compulsive Gambling In A Post-Murphy Era, Rachel Jacob

Student Works

No abstract provided.

Religiosity And Ways Of Coping With Sport Injuries Among Christian Athletes, Diane M. Wiese‐Bjornstal, Kristin N. Wood, Francesca M. Principe, Emma S. Schwartz

Movement and Being: The Journal of the Christian Society for Kinesiology, Leisure and Sports Studies

Although research evidence supports religiosity’s predominantly positive mental and physical health benefits to patients coping with varied health problems, there are few studies exploring the influence of religiosity on coping with sport injuries among athletes identifying with specific religions. This study examined the relationships between religiosity and the use of religious and non-religious ways of coping with sport injuries by athletes affiliated with diverse Christian denominations. Within a concurrent mixed methods design, adult athletes (N = 88) responded to an online survey asking about several religiosity factors, their most serious or challenging sport injuries, and their ways of coping …

Sporting Faith: Exploring Displays Of Faith As Part Of Christian Higher Education Athletic Program Identity, Laci Mcree, Jason W. Lee, Dawn Tolbert

Movement and Being: The Journal of the Christian Society for Kinesiology, Leisure and Sports Studies

Contemporary higher education is made of a marketplace where institutions aggressively market themselves to student consumers who “shop” for school options (Tolbert, 2014). This study examines the marketing of faith-based higher education institutions’ athletic programs to determine how faith-related missions are revealed on institutional websites. Higher education institutions analyzed in this study consisted of 112 of the 141 member institutions that are members of the Council for Christian Colleges & Universities (CCCU), which compete in sanctioned intercollegiate athletics programs (e.g., NCAA, NAIA, NCCAA). The study attempted to quantify how strongly a university’s athletic program portrays the faith dimension of the …

Professional Development And Faith Integration In Sport Management Education, Jason W. Lee, Jennifer J. Kane, Jeffrey P. Briggs

Movement and Being: The Journal of the Christian Society for Kinesiology, Leisure and Sports Studies

Professional development is a critical component of academia and should support the institution’s vision, mission, and organizational goals (Lee & Briggs, 2020; 2021). The amount and type of professional development should be congruent with institutional expectations (COSMA, 2016), according to how faculty are to be evaluated, tenured, and promoted. When emphasizing professional development that integrates one’s faith, there are unique prospects to embody a Christian ethos. Hence, this article concentrates on professional development opportunities at faith-based institutions, notably Christian faculty members in the academic disciplines of Christian Society for Kinesiology, Leisure & Sport Studies (CSKLS). Using the specific emphasis on …

A Potential U.S.-Chile Naval Confrontation And Its Impact On The U.S. Naval Buildup In The Mid-1880s, Pj Moysset

Dartmouth College Master’s Theses

History credits Alfred Thayer Mahan for the United States’ modernization and expansion of its navy. In 1890, Mahan published The Influence of Sea Power upon History, 1660– 1783. The book details the importance of naval power as a factor in the rise of the British Empire. This thesis addresses how the United States’ constant disagreements with Chile and the relentless state of military conflicts, encouraged the buildup of a US blue water fleet in the mid-1880s. World-shifting events during this time period were instrumental in the US naval buildup. Events such as the first and second crisis over control of …

Preliminary Report 2021: Coring And Excavations At Hof In Hjaltadalur, John M. Steinberg, Zachary N. Guttman, Guðný Zoëga

Andrew Fiske Memorial Center for Archaeological Research Publications

This report outlines the 2021 work at Hof as part of the Hjaltadalur Archaeological Survey Project (HASP). The results of soil coring suggest that the site of Hof is relatively small compared to other settlement farms. The footprint of the farmstead expands substantially after the 11^th Century. The midden from the 11^th and 12^th centuries appears to be located just north of the main farmhouse (Hof 1). Cores from this area show an abundance of midden on either side of the white AD 1104 tephra. There is a notable absence of post-1300 midden deposits. The excavation unit …

The Puzzle Of Fictional Resemblance, Jeffrey C. Goodman

Faculty Scholarship

This paper discusses a puzzle, the heart of which is this question: How is it that real individuals can resemble fictional individuals?  It seems that any answer given by one who has taken a stand on the ontology of fictional individuals will come with significant drawbacks.  An Anti-Realist will have to explain, or explain away, the apparent truth of our positive assertions of resemblance, while a Realist will have to explain how we are to understand resemblance in light of either the further claim that fictional characters are not associated with properties in the same way real individuals are, or …

Fictional Universal Realism, Jeffrey C. Goodman

Faculty Scholarship

Certain realists about properties and relations identify them with universals.  Furthermore, some hold that for a wide range of meaningful predicates, the semantic contribution to the propositions expressed by the sentences in which those predicates figure is the universal expressed by the predicate.  I here address ontological issues raised by predicates first introduced to us via works of fiction and whether the universal realist should accept that any such predicates express universals.  After discussing the lines of reasoning given by Braun (2015) and Sawyer (2015) for fictional universal anti-realism, I propose a novel, Kripke-inspired argument for the same.  I ultimately …

Umass Boston Bike Share Survey Instrument And Dataset, Philip Troped

Exercise and Health Sciences Faculty Publication Series

This site contains the survey instrument and survey data that were collected in the fall of 2014 from students, faculty, and staff at the University of Massachusetts Boston. These data were used for a manuscript to be published in PLOS ONE in 2022. The publication is entitled, “Correlates of bike share use and its association with weight status at an urban university” and the authors are Lawrence H. Stahley, Sarah M. Camhi, Julie A. Wright, and Philip J. Troped.

Aging In Hamilton: Planning For The Future, A Community Needs Assessment, Caitlin Coyle, Mary Krebs, Shayna Gleason, Nidya Velasco Roldan

Center for Social and Demographic Research on Aging Publications

Like many communities across Massachusetts, the population in the Town of Hamilton is aging. According to projections created by the Donahue Institute at the University of Massachusetts, a trend toward an older population is expected. Donahue Institute vintage projections suggest that by 2035, more than one out of each three Hamilton residents will be age 60 or older—32% of the Town’s population will be between the ages of 60 and 79, with an additional 9% age 80 and older. As the demographics of Hamilton shift toward a population that is older and living longer, the demand for programs and services …

Trespass Plus: Ag-Gag And The Right To Exclude, Anthony B. Derron

Publications

The recent proliferation of agricultural anti-whistleblower legislation, or "ag-gag," has finally given the right to exclude the weight that property theory claims it deserves. By offering hefty fines and imprisonment to would-be agricultural trespassers, ag-gag is one of the few legal frameworks to treat the right to exclude seriously. Scholars and judges are taking notice. Given the significant environmental harms that agriculture causes – nearly one-third of all greenhouse gas emissions – and the conspicuous First Amendment concerns, it’s no wonder. But what commentators aren’t noticing is just how radical ag- gag is when compared to the legal regimes of …

No-One Receives Psychiatric Treatment In A Squad Car, Judy Ann Clausen, Joanmarie I. Davoli

UF Law Faculty Publications

This Article explores tragedies caused by our current system for responding to mental health emergencies: homelessness, institutionalization, criminalization, harm to self, harm to others, and harm by police. In the wake of the George Floyd murder, there has been increased attention on our response to mental health emergencies and an outcry to reduce the role of police. This Article analyzes reforms from California, Colorado, Eugene, Oregon, the federal government, Dallas, and Nebraska. This Article posits that any reform that focuses only on first responders will not fix our system. Harm by police is only one of the tragedies suffered by …

The Long-Term Effects Of Short Selling And Negative Activism, Peter Molk, Frank Partnoy

UF Law Faculty Publications

We investigate the long-term effects of short selling and “negative activism,” where activists seek to profit from declines in the share prices of targeted firms. We show that negative activism is associated with significant and declining long-term share returns and operating performance, as well as an increase in securities litigation and regulatory actions against targeted firms. We explore the policy implications of this new evidence, including ways that policy makers and market participants might take advantage of the potential benefits of short selling negative activism. Our message is straightforward: resist impulses to curb short selling, and instead embrace attempts to …

Groundwater Exceptionalism: The Disconnect Between Law And Science, Christine A. Klein

UF Law Faculty Publications

Most judges, legislators, and regulators would be hard-pressed to articulate a comprehensive legal theory of groundwater. And yet, this under-appreciated, over-used, life-sustaining resource plays an increasingly pivotal role in prominent legal controversies. In defiance of hydrologic reality, lawmakers have routinely singled out groundwater for unique treatment and decoupled it from surface water. This Article dubs such phenomenon “groundwater exceptionalism,” and identifies groundwater as an under-theorized aspect of both property law and water law. It brings to light the numerous legal doctrines infected by exceptionalism, including state water rights law, the federal reserved rights doctrine, the apportionment of interstate waters, and …

The Political Economy Of Foreign Sovereign Immunity, Maryam Jamshidi

UF Law Faculty Publications

The Foreign Sovereign Immunities Act (“FSIA”) prohibits civil litigation against foreign states, their agencies, and instrumentalities unless one of several enumerated exceptions to immunity applies. The most important of these exceptions is for the commercial activity of foreign sovereigns. While underappreciated, various capitalist interests have comported with and been furthered by the FSIA. Applying a political economy lens, this Article demonstrates how the statutory framework for private litigation against foreign sovereigns has aligned with interests and prerogatives associated with particular stages of capitalist development—as evidenced by the historical evolution of foreign sovereign immunity doctrine and the FSIA’s eventual passage; the …

Fee Retrenchment In Immigration Habeas, Seth Katsuya Endo

UF Law Faculty Publications

For noncitizens facing removal, habeas corpus provides one of very few avenues for Article III review. For decades, habeas proceedings have been interpreted as falling under the ambit of the Equal Access to Justice Act (EAJA), which provides for the award of attorneys’ fees to prevailing parties in suits against the federal government. But this understanding is being challenged, threatening the judicial backstop to executive and legislative overreach in immigration. Reducing the ability of lawyers to recover their fees in these circumstances will reduce the number and quality of habeas challenges by individuals being detained while they await removal—a particularly …

Information As Power: Democratizing Environmental Data, Annie Brett

UF Law Faculty Publications

Environmental data systems have largely escaped scrutiny in the past decades. But these systems are the foundations for evaluating environmental priorities, making management decisions, and deciding which perspectives to value. Information is the foundation of effective regulation. The decisions regulators make about gathering, assimilating, and sharing information are, in many cases, determinative of the outcomes they reach. This is certainly true in the case of the environment.

This paper looks at how current environmental regulation has created data systems that undermine scientific legitimacy and systematically prevent stakeholder participation in environmental decision-making. These data systems concentrate power within federal and state …

Psychosis, Heat Of Passion, And Diminished Responsibility, E. Lea Johnston, Vincent T. Leahy

UF Law Faculty Publications

This Article calls for the creation of a generic partial excuse for diminished rationality from mental disability. Currently, most jurisdictions recognize only one partial excuse: the common law heat-of-passion defense. Empirical research demonstrates that populations with delusions experience similar impairments to decision-making capacities as people confronted with sudden, objectively adequate provocation. Yet, current law affords significant mitigation only to the latter group, which only applies in murder cases. Adoption of the Model Penal Code’s “extreme mental or emotional disturbance” (EMED) defense could extend mitigation to other forms of diminished responsibility. However, examination of jurisdictions’ adoption and utilization of the EMED …

Delusions, Moral Incapacity, And The Case For Moral Wrongfulness, E. Lea Johnston

UF Law Faculty Publications

Responsibility is a legal—not medical—construct. However, science can be useful in exposing faulty assumptions underlying current doctrine or practice, illuminating changes in practice or evidentiary standards to better effectuate the law’s animating purpose, and even suggesting updates to legal standards to account for modern understandings of functionalities of concern. This Article uses the science of delusions to assess the law regarding, and practice of establishing, criminal irresponsibility for defendants with psychosis. Over the last two decades, researchers from the cognitive sciences have compiled strong evidence that a host of cognitive and emotional impairments contribute to the origin and maintenance of …

Assuming The Risks Of Artificial Intelligence, Amy L. Stein

UF Law Faculty Publications

Tort law has long served as a remedy for those injured by products—and injuries from artificial intelligence (“AI”) are no exception. While many scholars have rightly contemplated the possible tort claims involving AI-driven technologies that cause injury, there has been little focus on the subsequent analysis of defenses. One of these defenses, assumption of risk, has been given particularly short shrift, with most scholars addressing it only in passing. This is intriguing, particularly because assumption of risk has the power to completely bar recovery for a plaintiff who knowingly and voluntarily engaged with a risk. In reality, such a defense …

The World Of Private Terrorism Litigation, Maryam Jamshidi

UF Law Faculty Publications

Since 9/11, private litigants have been important players in the “fight” against terrorism. Using several federal tort statutes, these plaintiffs have sued foreign states as well as other parties, like non-governmental charities, financial institutions, and social media companies, for terrorism- related activities. While these private suits are meant to address injuries suffered by plaintiffs or their loved ones, they often reinforce and reflect the U.S. government’s terrorism-related policies, including the racial and religious discrimination endemic to them. Indeed, much like the U.S. government’s criminal prosecutions for terrorism-related activities, private terrorism suits disproportionately implicate Muslim and/or Arab individuals and entities while …