Digital Commons Network^™

The Law’S Role In Ending The Suicide Crisis: Liability For Suicide Under The State-Created Danger Doctrine, Brittany White

SMU Law Review

The mounting prevalence of suicides in the United States has translated into a full-fledged, nationwide suicide crisis, impacting the lives of far too many. Even if an individual is fortunate enough never to have directly endured the tragedy of losing a loved one to suicide, they have certainly been exposed to this crisis through ever-frequent media reports of suicides. Given the widespread and detrimental nature of this crisis, it is imperative that prompt action is taken by individuals and institutions across a multitude of disciplines, the law notwithstanding. Indeed, the force of law itself implies that certain faculties possessed by …

May I Use The Restroom? The Supreme Court’S Likely Opportunity To Define “Sex” In Title Ix And End The Transgender Bathroom Debate, Kaleb Degler

SMU Law Review

The Supreme Court’s landmark decision in Bostock, which established that “sex” under Title VII includes gender identity and sexual orientation, now protects LGBTQ+ persons from discrimination in the workplace. However, this interpretation of “sex” was not subsequently applied wholesale to “sex” under Title IX, leaving many LGBTQ+ students—particularly transgender students—subject to the fate of where they were born and the shifting tides of the federal executive. Beginning with the Obama Administration, a history of conflicting guidance and opinion letters has dominated the discussion on whether transgender students are allowed to use the restroom that corresponds with their gender identity.

In …

Working Toward Break Point: Professional Tennis And The Growing Problem With Employee And Independent Contractor Misclassifications, Elizabeth Priest

SMU Law Review

An often overlooked yet extremely pressing issue in the U.S. economy is the misclassification of workers as independent contractors when they are actually employees. Because of such misclassifications, workers are denied their rights to federal antidiscrimination protections and the ability to collectively bargain through unions. Courts across the country utilize a variety of legal tests to determine if a worker is an employee or an independent contractor. The three most important legal tests are the right to control test, the economic realities test, and the ABC test.

Using men’s professional tennis as a case study, this Comment argues for the …

Boss Mom: Why Texas Should Revise Its Legislation To Allow Gestational Surrogacy Contract Enforcement For Social Surrogacies, Krista Thompson

SMU Law Review

Career-driven women have consistently been forced to choose between their careers and creating a family. However, with the use of reproductive technology, this is no longer necessary. In recent years, fertile women have been looking to gestational surrogacy as a pregnancy alternative. These women are opting to use surrogates not be- cause they cannot bear a child but because being pregnant is not feasible for their careers. These surrogacies have been termed “social surrogacies.” However, surrogacy laws throughout the United States are diverse and complicated, and many do not allow for the enforcement of social surrogacy contracts. These states, particularly …

The Identity Experiences Of Maya Q'Anjob'al American Youth And Mayan Language Loss: A Post-Colonial Perspective On Language, Culture And Identity, Juanatano Cano

Theses and Dissertations

The purpose of this qualitative phenomenological study was to explore the experiences of Maya American youth of the Q’anjob’al ethnic group in the United States. It examined whether American-born Maya children affirmed their indigenous Maya Q’anjob’al background and if they performed better in school and had a better adjustment to life if they had a secure sense of identity. The study includes a discussion of major findings related to the literature on the Post-colonial theory and the theoretical approach of William G. Demmert’s Culturally Based Education (CBE) practices, which refers to education that recognizes the importance of indigenous languages, culture, …

Teacher Experiences And Perceptions In Implementing Instructional Strategies For Fostering Student Engagement In Upper Elementary Mathematics, Gail Willis

Theses and Dissertations

The purpose of this qualitative phenomenological research study was to investigate the factors that influence mathematical instruction of upper elementary teachers in school districts within Southern California. More specifically, this research study examined teaching strategies of upper elementary teachers’ experiences and perceptions regarding implementing student engagement in mathematics in school districts within Southern California. This qualitative phenomenological research study involves teachers who utilize instructional strategies based on their best practices that foster students engaging in upper elementary mathematics. In this research study, the participants explained their lived experiences and perceptions of utilizing their chosen strategies to engage students in mathematics …

Time To Stop Pretending We Don’T Know Other Animals Are Sentient Beings, Marc Bekoff

Animal Sentience

Rowan et al.’s target article is an outstanding review of some of the history of the science of sentience, but one would have liked to see a much stronger “call to action.” We don’t need any more data to know that many other animals are sentient beings whose lives must be protected from harm in a wide variety of contexts. It is not anti-science to want more action on behalf of other animals right now.

Sentience Politics : A Fishy Perspective, Culum Brown

Animal Sentience

The plight of fishes has almost certainly got worse since Bentham (1789) coined the phrase “The question is not Can they reason? nor, Can they talk? but Can they suffer?” Despite the fact that fishes are increasingly recognised as sentient animals worthy of protection under animal welfare legislation in many countries around the world, fishing practices are almost universally exempt activities. The human population continues to grow, and, surprisingly, per capita intake of fish is still increasing (FAO 2020). The source of this fish is not wild stocks (catches of which have remained more or less stagnant for …

The Question Is Not “Can Humans Talk?” Or “Can They Suffer?” But “Can They Reason?”, Clive Phillips

Animal Sentience

In their target article, Rowan et al (2022) make a welcome attempt to chart the development of Western progress over the past two hundred years toward formally recognizing that animals feel. They outline the heroic efforts of Compassion in World Farming to gain for animals the status of sentient beings rather than merely human property. A broader view exists, from human prehistory to the present day, in which animals have been (and still are) understood to be sentient by indigenous peoples as well as by some Eastern religions. Growing recognition in the West that animals feel represents a new age …

The Science Of Animal Sentience And The Politics Of Animal Welfare Should Be Kept Separate, Marian Stamp Dawkins

Animal Sentience

Although linked historically by Rowan et al., the scientific study of animal sentience and political campaigns to improve animal welfare should be kept separate, for at least two reasons. First, the separation makes it clear that standards of evidence acceptable for ethical or political decisions on animal welfare can be lower than those required for a rigorously scientific approach to animal sentience. Second, it helps to avoid confirmatory bias in the form of giving undue weight to results that are in line with pre-conceived ideas and political views.

Animal Sentience Science And Policy, Andrew Crump

Animal Sentience

Animal sentience research cannot be divorced from its ethical and political implications. For example, discovering which animals are sentient is vital for deciding which require welfare protection. Two legal case-studies illustrate the importance of scientists in such debates: the UK Animal Welfare (Sentience) Act 2022 had input from animal sentience researchers, whereas the US Animal Welfare Act 1966 did not. The former defined sentient animals much more plausibly than the latter. I accordingly argue that sentience researchers should inform policy, and that this is achievable without sacrificing scientific integrity.

Wild Animal Welfare, Clare Palmer, Peter Sandøe

Animal Sentience

Rowan et al’s article provides an overview of developments in the science of animal sentience and its links to animal welfare policy, especially regarding farm animals. But changing ideas of animal sentience and welfare are also important for managing wild and other free-living animals. We ask how the welfare of these animals differs from that of farmed animals, especially how the ability to make autonomous choices may matter. We suggest that more research into wild animal welfare is needed to make informed policy decisions, for example, about using animals in rewilding projects and choosing between policies of culling and fertility …

The Reality And Prevalence Of Animal Sentience, Antonio Damasio

Animal Sentience

Rowan et al use findings from neurobiology, clinical neurology, and general biology to argue for the extensive presence of sentience in animals, but they are wisely cautious concerning when in the phylogenetic scale that emergence occurred.

Revisiting Donald Griffin, Founder Of Cognitive Ethology, Carolyn A. Ristau

Animal Sentience

Donald Griffin’s writings, beginning with The Question of Animal Awareness (1976), strove to persuade scientists to study the possibility of animal sentience, the basis of Rowan et al.’s efforts to promote animal well-being. Facing great hostility (but also some acceptance) for his ideas, Griffin initially avoided animal welfare advocacy, fearing it would further undermine his efforts to gain recognition of animal sentience. In later years, however, he began to ponder the ethical implications of animal sentience, intending to study wild elephants’ communication and social behavior to better understand their experienced life and apply it to improving conservation methods. As he …

Judges In Lawyerless Courts, Anna E. Carpenter, Colleen F. Shanahan, Jessica K. Steinberg, Alyx Mark

Faculty Scholarship

The typical American civil trial court is lawyerless. In response, access to justice reformers have embraced a key intervention: changing the judge’s traditional role. The prevailing vision for judicial role reform calls on trial judges to offer a range of accommodation, assistance, and process simplification to people without legal representation.

Until now, we have known little about whether and how judges are implementing role reform recommendations or how judges behave in lawyerless courts as a general matter. Our lack of knowledge stands in stark contrast to the responsibility civil trial judges bear – and the discretionary power they wield – …

La Metadata Y Su Regulación Legal, Carlos Gutierrez-Mannix

Political Science Faculty Publications

El uso de la metadata así como su monetización son parte integral de la economía contemporánea. Le permiten a la industria volverse más productiva y mejorar la calidad de los servicios que proveen a la sociedad. Sin embargo, a medida que navegamos hacia un mundo ciber-conectado, la tecnología tendrá un impacto directo en la vida humana. Debido a esto, es importante que las empresas y organizaciones involucradas en la creación y uso de datos, tomen las medidas necesarias para proteger la información personal contenida en el big data y que estos estén debidamente protegidos. En este ensayo, se presentan algunas …

Old Age As The Hidden Sentencing Factor, Adam M. Gershowitz

Faculty Publications

Imagine two doctors who illegally sold opioids in exchange for cash. Both doctors sold roughly the same quantity of pills, had no prior criminal convictions, and accordingly faced the same sentencing guidelines range. The major difference was that one doctor was in his sixties and considerably older than the other doctor. The Federal Sentencing Guidelines provide that judges should consider a defendant's age only in atypical cases. Yet, this Article demonstrates that older defendants received sentencing discounts far more often than younger defendants convicted of the same crime.

This Article gathers sentencing data for almost 130 doctors convicted in federal …

Whose Progress?, Laura A. Heymann

Faculty Publications

Article I, Section 8, Clause 8 of the U.S. Constitution provides that Congress shall have power “to promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.” These words have been the subject of countless books and scholarly articles. Professor Silbey’s engaging contribution [in Against Progress: Intellectual Property Law and Fundamental Values in the Internet Age] to the conversation focuses on one word—progress—and what it should mean as we think about intellectual property law’s motivations and justifications in the twenty-first century.

But even …

Eliminating Shadows And Ghosts: Findings From A Study Of Inclusiveness, Representativeness, And Record Accuracy In Master Jury Lists And Juror Source Lists In Three States, Paula Hannaford-Agor, Miriam Hamilton, Erika Bailey

Faculty Publications

In 2021, the National Center for State Courts (NCSC) obtained grant funding from the State Justice Institute to assess the inclusiveness, representativeness, and accuracy of the juror source lists for Missouri, New Jersey, and Tennessee and the resulting master jury lists for Missouri and Tennessee. Each jurisdiction volunteered to be part of the project. For its analyses of inclusiveness, the NCSC compared the total number of records on the master jury list with the total number of adult residents in each county reported by the U.S. Census Bureau on the 2020 Census. To assess the accuracy of address records generally …

Letter From The Dean, Jean-Francois Meullenet

Discovery, The Student Journal of Dale Bumpers College of Agricultural, Food and Life Sciences

No abstract provided.

Letter From The Faculty Editor, Beth Kegley

Discovery, The Student Journal of Dale Bumpers College of Agricultural, Food and Life Sciences

No abstract provided.

Consumers' Perception Of Quality For Ladies' Swimwear Based On Price And Brand, Jennifer Avila, Laurie M. Apple, Lance M. Cheramie, Leigh Southward

Discovery, The Student Journal of Dale Bumpers College of Agricultural, Food and Life Sciences

Consumers shop at multiple retailers for different needs, and it is understood that many choose a retailer for an experience and others will shop at another retailer for better savings. In a time where E-commerce is at an all-time high, retailers need to consider how they compare against online retailers in the apparel sector. In this study, three retailers were compared against one another since they are all swimwear competitors. As these retailers adjust to store and production shortages, it is important to understand how the quality of clothing will keep sales consistent. Consumers are likely to keep shopping at …

Effects Of Sunrise/Sunset Lighting On Corticosterone Levels In Coturnix Quail (Coturnix Coturnix), Hannah M. Feuerborn, Sara K. Orlowski

Discovery, The Student Journal of Dale Bumpers College of Agricultural, Food and Life Sciences

Both genetics and environment play important roles in the growth, performance, and overall welfare of poultry species. Current commercial production practices typically do not mimic the natural environmental conditions of ancestral poultry species, specifically lighting. The current study aimed to evaluate the impact of genetics and the effect of sunrise/sunset lighting on the stress response of 4 genetic lines of Coturnix quail. The 4 lines utilized in this study included high stress (H), low stress (L), stress control (R), and Arkansas randombred (A) quail lines. Day old chicks from these lines were placed in one of two environmentally controlled rooms. …

Time Course Investigation Of The Dermal Leukocyte Response To Lipoteichoic Acid In Chickens, Ian M. Gilbert, Jossie M. Santamaria, Gisela F. Erf

Discovery, The Student Journal of Dale Bumpers College of Agricultural, Food and Life Sciences

Lipoteichoic acid (LTA) is a cell-wall polymer in Gram-positive bacteria that stimulates inflammation. Few studies have investigated in vivo immune response to LTA, and none of the in vivo studies have been performed in birds. For this project, the pulp (a skin derivative) of growing feathers (GF) of chickens was used to investigate the in vivo effects of intradermally injected LTA. In Study 1, GF of chickens were injected with 10 μL of differing concentrations of LTA (0.1, 1.0, 10, 100 or 250 μg LTA/mL; 3 chickens/dose). Growing feathers were plucked before injection (0 h) and at 6, 24, 48, …

Student Perceptions Of Messages Regarding Genetically Modified Organisms Delivered Using Creative Media, Faith Mills, Casandra K. Cox

Discovery, The Student Journal of Dale Bumpers College of Agricultural, Food and Life Sciences

The purpose of this study was to determine how communicating authentic agricultural information using an infographic affects Millennial and Generation Z students’ perceptions of genetically modified organisms (GMO) and to determine the perceptions of college students regarding the infographic used to convey agricultural messages. This study used survey research methods with open- and closed-ended questions administered through Qualtrics. The questionnaire was designed with five sections including a pre-questionnaire, content presentation, post-questionnaire, infographic perception questionnaire, and demographics section. All questions in the pre- and post- questionnaire were focused on the content found in the researcher developed infographic. Overall, participants increased accuracy …

Instructions For Authors, Discovery Editors

Discovery, The Student Journal of Dale Bumpers College of Agricultural, Food and Life Sciences

No abstract provided.

Exploring Accessibility Features And Plug-Ins For Digital Prototyping Tools, Urvashi Kokate, Kristen Shinohara, Garreth W. Tigwell

Articles

Many digital systems are found to be inaccessible and a large part of the issue is that accessibility is not considered early enough in the design process. Digital prototyping tools are a powerful resource for designers to quickly explore both low and high fidelity design mockups during initial stages of product design and development. We evaluated 10 popular prototyping tools to understand their built-in and third-party accessibility features. We found that accessible design support is largely from third-party plug-ins rather than prototyping tools' built-in features, and the availability of accessibility support varies from tool to tool. There is potential to …

Website Builders Still Contribute To Inaccessible Web Design, Athira Pillai, Kristen Shinohara, Garreth W. Tigwell

Articles

Website builders enable individuals without design or technical skills to create websites. However, it is unclear if modern websites created by website builders meet accessibility standards. We reviewed six popular website building platforms and found a lack of accessibility support. Wix provided the most comprehensive accessibility documentation and robust accessibility features. However, during an accessibility audit of 90 Wix webpages, we found many accessibility issues, raising concerns about how users are supported.

Accessible Design Is Mediated By Job Support Structures And Knowledge Gained Through Design Career Pathways, Sarah Andrew, Garreth W. Tigwell

Articles

Digital designers often do not make their work accessible (e.g., websites failing criteria set by the W3C's Web Content Accessibility Guidelines), and accessible design research discusses many solutions to address this problem (e.g., teaching accessibility within university design and technical courses). However, prior research in this area typically does not acknowledge whether recommendations and resources to support accessible design are suitable for all digital designers due to different training pathways and job support structures (e.g., large-company vs. rural and self-employed designers or designers who learned their skills outside of formal education settings). We interviewed 20 digital designers from rural and …

Satdbailiff- Mining And Tracking Self-Admitted Technical Debt, Mohamed Wiem Mkaouer, Eman Abdullah Alomar, Ben Christians, Mihal Busho, Ahmed Hamad Alkhalid, Christian D. Newman

Articles

Self-Admitted Technical Debt (SATD) is a metaphorical concept to describe the self-documented addition of technical debt to a software project in the form of source code comments. SATD can linger in projects and degrade source-code quality, but it can also be more visible than unintentionally added or undocumented technical debt. Understanding the implications of adding SATD to a software project is important because developers can benefit from a better understanding of the quality trade-offs they are making. However, empirical studies, analyzing the survivability and removal of SATD comments, are challenged by potential code changes or SATD comment updates that may …