East of Eden: A Contractual Lens for an Unsettled Area of First Amendment Shunning Jurisprudence

The Free Exercise Clause was enacted for the purpose of protecting diverse modes of religious practice. One practice that numerous religious traditions observe is shunning—the expulsion and social exclusion of noncompliant individuals from a religious community. Yet because shunning usually involves concomitant harm to religious congregants, plaintiffs often bring religious-tort claims against religious entities for the injuries they suffer. This implicates free-exercise concerns for both the plaintiff and the religious-entity defendant. Despite the utmost importance of religious freedom in American jurisprudence, courts analyze religious-tort claims in widely disparate ways. And they typically rely on consent and membership as the basis for judicial decisionmaking. But these analytical lenses are flimsy and lead to unpredictable outcomes. At times, they are underprotective of religious plaintiffs; at others, they penalize religious entities and chill religious practices. In order to clarify a muddled sphere of free-exercise jurisprudence, courts should adopt a contract paradigm for analyzing shunning claims. A contract paradigm would lead to cleaner results and would uphold the integrity of religious institutions, which are necessary for religious individuals to thrive

A Masterpiece of Simplicity: Toward a Yoderian Free Exercise Framework for Wedding-Vendor Cases

The Free Exercise Clause was enacted to protect diverse modes of religious practice. Yet certain expressions of free exercise have entailed concomitant harm to those outside the religious community, especially LGBTQ persons. This trend has been acutely present in the recent onslaught of wedding-vendor cases: LGBTQ persons seek the enforcement of statutorily protected rights, while religious objectors seek refuge from state intrusion under constitutional shelter. Consequently, wedding-vendor cases present an area of law in which free-exercise jurisprudence and anti-discrimination jurisprudence have been clashing. However, despite the primacy of religious freedom and equal protection in American jurisprudence, courts analyze wedding-vendor cases in widely disparate ways. At times, they are under-protective of members of the LGBTQ community; at others, they penalize wedding-vendors and chill longstanding religious practices. Thus, the prevailing analytical paradigms are flimsy and lead to unpredictable outcomes. This deficiency came to light as the Supreme Court addressed these complex legal issues in Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission. There, the Masterpiece Court’s holding is diffident and provides scant guidance to the lower courts in which these cases continue to percolate. Yet Masterpiece’s significance has been broadly misconstrued by commentators. Therefore, in order to clarify a muddled sphere of free-exercise and anti-discrimination jurisprudence, this Article’s task is twofold. First, it provides an interpretive lens for Masterpiece that is in tension with the general body of commentary surrounding the decision. Far from a victory for religious rights advocates, Masterpiece portended a path to analyzing free exercise claims according to a paradigm that disfavors religious liberties (if its line of reasoning persists). This Article’s second task is to advance a framework for analyzing wedding-vendor cases. This framework employs objective criteria from Wisconsin v. Yoder when examining requests of religious exemption to public accommodations laws—an approach that has fallen into judicial disuse given its ostensible burden on free exercise. Then, after Yoderian vetting criteria are satisfied, this framework allows for a narrow exception to small business owners that can demonstrate their religious practices’ rootedness in a longstanding religious tradition. This template would cause multiple parties to cede ground and reduce some of the strongest tensions in this area of law. As such, it would strike a more prudent balance between the dignitary rights of LGBTQ persons and the free-exercise rights of religious objectors

La Vida Nueva: Detainees, Arkansans, And Libertad During the Cuban Refugee Crisis of 1980-1983

Fort Chaffee, Arkansas and the surrounding communities were at the center of racial discrimination throughout the 19th and 20th centuries. The area also serves as a case study for the treatment of Cubans during the Mariel Boatlift in the United States between 1980 and 1982. This thesis argues that Fort Chaffee, Arkansas, and other military bases across the United States served as a transitional space during the Mariel Boatlift that separated Cuban identities from fearful communities that continually fought against the different racial, ethnic, religious, and sexual identities of the Marielitos. An examination of the surrounding community, government officials, and the Cuban refugees highlights the intersections of these three perspectives

Evaluating the Importance of Biosecurity in Swine Operations

Swine health is critical to maintaining a profitable and productive swine operation. Biosecurity and sanitation are important practices that help maintain herd health. This study aimed to discover how biosecurity protocols and management practices differ between swine operations of different sizes. With diseases such as Porcine Reproductive and Respiratory Syndrome Virus (PRRSV), Brucellosis, and Porcine Circovirus type 2 (PCV2) being common in the swine industry, a strong biosecurity protocol protects swine farmers from financial losses associated with disease outbreaks. In 2004 alone, the estimated financial loss to PRRSV was over $761 million. Data concerning biosecurity and sanitation was collected from three swine farms in Arkansas via interviews. The farms were selected for this study based on their sow population, location in Arkansas, and their willingness to disclose information about their management practices. A comparative analysis was used to understand how each operation implemented biosecurity and sanitation practices and what key differences could be found. The collected data revealed that no differences (p \u3e 0.05) in disease outbreaks existed among the farms surveyed although they have different biosecurity features. A key biosecurity feature that contributed to this result was that all three farms were isolated from other swine operations and did not allow farm laborers to work with swine outside of the operation. Varying levels of biosecurity enforcement existed among the three operations, but it is evident that a biosecurity protocol not only protects the swine within the operation but also the health and finances of farm owners and their staff

Investigating Emerging Bilingual Learner Related Field Experiences in School Psychology Graduate Training

There is limited research regarding school psychology field and practicum experiences that are devoted to developing skills related to emergent bilingual learners (EBL). This study attempted to better understand what types of EBL-related field and practicum experiences are most influential in preparing school psychologists to feel confident in their ability to provide school psychological services to EBL students. One hundred thirty-five practicing school psychologists were surveyed using a questionnaire focused on the types of EBL-related field and practicum experiences commonly found in exemplary multiculturally-focused school psychology graduate programs and practitioners’ perceptions of their ability to provide a number of services to EBL students. Results of this study suggest that structured EBL-related field and practicum experiences are most influential in school psychologists’ perceptions of preparedness and confidence providing services to EBL students. Additional factors were investigated (e.g., exposure to EBL students in practicum) and were also found to be influential

The Effect of Bedslide Report on Patient Satisfaction

https://scholarworks.moreheadstate.edu/student_scholarship_posters/1095/thumbnail.jp

CAPSTONE: Recovery & Operations of a Tumbling Small Satellite in Deep Space

The Cislunar Autonomous Positioning System Technology Operations and Navigation Experiment (CAPSTONE) satellite, deployed in July 2022, experienced a thruster anomaly in September 2022 during its Ballistic Lunar Transfer (BLT) into the Earth-Moon L2 Near Rectilinear Halo Orbit (NRHO). CAPSTONE\u27s primary mission objective to achieve and maintain NRHO serves to validate the cislunar CONOPS contemplated for NASA\u27s Lunar Gateway. Terran Orbital designed and built CAPSTONE, and serves as the operator of the on-orbit spacecraft. Advanced Space owns and operates the CAPSTONE payload and its software on behalf of NASA, as well as performs mission navigation and maneuver design. This 12U+ lunar nanosatellite contains a pump-fed hydrazine propulsion system from Stellar Exploration, enabling all orbital maneuvers and momentum management for the mission. The CAPSTONE mission is funded by the NASA Space Technology Mission Directorate (STMD) through the Small Spacecraft Technology program, and by the Human Exploration and Operations Mission Directorate (HEOMD) through the Advanced Exploration Systems program. This paper will examine the timeline, innovation, and steps taken by the spacecraft team to recover the vehicle from the thruster anomaly and the resulting high-rate tumble. The high-rate tumble was induced by a valve which became stuck open at the conclusion of Trajectory Correction Maneuver 3 (TCM-3). The timeline discussion includes initial autonomous fault recovery, the evolution of the state of the vehicle, and the recovery actions taken by a small, agile engineering team. The off-nominal attitude and thermal state was determined from a limited data set, requiring the largest assets in NASA\u27s Deep Space Network (DSN) to support communications with the vehicle. Once a determination was made that the hydrazine propellant was freezing, an assessment was made on the minimum amount of heat required to thaw propellant without placing the spacecraft in a power-negative state. The integrated spacecraft team performed root cause analysis and incrementally tested the propulsion system to recommission it in the face of an anomalous thruster valve. The recommissioning approach eventually lead to the development of a new propulsive state machine and Guidance Navigation and Control (GNC) thruster controller for detumbling. After recovering 3-axis attitude control, power and thermal stability, and establishing nominal communications, significant development and testing was required to ensure the vehicle could operate in the presence of a continued thruster anomaly. This effort enabled CAPSTONE to execute future propulsive maneuvers with an open thruster valve. The resultant updates were tested on Terran Orbital\u27s Hardware-in-the-Loop (HITL) platform in partnership with Stellar Exploration. A comparison of GNC subsystem requirements will be presented pre-and post-anomaly, based on the resulting capability and restrictions of the propulsion system to meet mission objectives. Ultimately, the spacecraft was successfully recovered from body rates exceeding 120 deg/s, allowing the CAPSTONE spacecraft to continue its mission, including successful insertion into NRHO in November 2022. An examination of the lessons learned for future deep space small satellite missions is also discussed herein