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A Battle Among Sovereigns: Partnering Federal Exhaustion and Infringement Principles to Safeguard Tribal Court Jurisdiction Over Labor and Employment Disputes
Get PDFSince the shift in federal policy starting in the late 1960s towards Indian self-determination and self-government, Indian tribes have leveraged federal support to enter into a broad variety of commercial activities to fund their governments and community programs. Despite some of the earliest iterations of the policy of self-determination being a call to “break decisively with the past and to create the conditions for a new era in which the Indian future is determined by Indian acts and Indian decisions” and to uphold promises to provide tribes with “a standard of living comparable to that of other Americans,” tribes have been threatened with assaults on their authority to govern the employment relations within their enterprises. While recent debate has centered around the National Labor Relations Board (NLRB) overturning its long-held position that the National Labor Relations Act (NLRA) did not apply to tribal businesses because they were governmental entities, there had already been a circuit split regarding whether other federal labor and employment laws of general applicability applied to tribal enterprises. This article seeks to resolve this circuit split through the revamping of current legal frameworks within this area of the law. In Part II, I will discuss how tribal sovereignty has developed as a legal concept, as well as current and potential barriers to federal infringement on this sovereignty, such as sovereign immunity, the federal exhaustion doctrine, and the federal infringement doctrine. Part III will address the circuit split in more depth and discuss problems with some courts’ flawed reasoning. Part IV will propose that the federal exhaustion doctrine should be more stringently enforced before federal jurisdiction can be maintained, and that the federal infringement doctrine should underlie the jurisdictional part of the exhaustion doctrine analysis. Lastly, Part V will briefly conclude the paper with some closing remarks
The Fathers Have Eaten Sour Grapes: History is the Wrong Test for Establishment Clause Questions in Public Schools
Get PDFThe old quip goes, “As long as there are math tests, students will pray in the schools.” There is, however, a distinction between private and public prayers; the former allows religious students to find peace and comfort in a moment of anxiety, and the latter openly divides the religious majority from the religious and nonreligious minority, ostracizing the minority and exacerbating their nerves. This Note examines the constitutionality of religious exercises initiated by public school faculty and staff at public education’s founding, arguing that the special considerations present when considering prayer in these contexts are too important to be limited by history. This Note will demonstrate that religion in schools cannot be held constitutional based on historical practice alone because the practices promulgated in early American educational history are incompatible with modern values. Part II discusses Establishment Clause jurisprudence. Part III discusses the ambiguities in Kennedy’s historical standard and the history of American public education, noting specifically the policies and practices implemented to effectuate early education reformers’ goals of a “nonsectarian” education. Part IV discusses how those practices are incompatible with modern values, beliefs, and practices, demonstrating the prospective harm posed by Kennedy’s vague historical standard. Part V briefly concludes and implores the Court to consider the impending repercussions of using history, alone and unqualified, as the sole consideration to evaluate religious expression in public schools
Immune Function Modulation by Temperature on Isolated Rainbow Trout Macrophages
Get PDFFever is an evolutionary mechanism that enhances immune function, yet the molecular and metabolic responses to fever temperatures in ectothermic species remain poorly understood. In this study, we investigated how fever temperatures (19° C) influence macrophage function and metabolic activity in rainbow trout (Oncorhynchus mykiss), rather than normal temperatures (16° C). Using a rainbow trout monocytic cell line, RTS11, and primary head kidney-derived macrophages (HKCs), we examined the effects of fever temperatures on nitric oxide (NO) production, gene expression, protein synthesis, and energy metabolism. We found that fever temperatures increased NO production in both cell types, with further induction of interleukin-6 (IL-6) mRNA expression in response to LPS stimulation. Additionally, fever temperatures enhanced protein synthesis in the absence of LPS activation, but no further increase was observed upon activation. Metabolic analysis showed that fever temperatures increased basal oxidative phosphorylation and proton efflux rate (PER), but LPS activation did not significantly modify these metabolic profiles. Rainbow trout macrophages primarily relied on oxidative phosphorylation for ATP production, and fever temperatures resulted in a modest increase in ATP levels. These findings suggest that fever temperatures enhance innate immune responses and metabolic activity in rainbow trout macrophages, promoting immune function through increased NO production and enhanced gene expression without major shifts in metabolic pathways
Supply Chain Management Internship- Fastenal
Get PDFProcurement and supply management; transportation and distribution management; and inventory and forecasting analytics, are all familiar course names for the University of Arkansas students earning their supply chain management degree. These courses outline some of the crucial departments of the supply chain. In my internship, during the summer of 2024, I was amid a combination of school knowledge and industry experience. Working at a warehouse fulfillment center I operated at the last mile of the supply chain completing tasks in all three departments
Inflammatory response in UCD200/206 scleroderma-prone chickens to intradermal injection of SILIKON 1000
Get PDFIntradermal injections of silicone materials have resulted in chronic inflammation and fibrotic reactions in some individuals. The UCD200/206 line of chickens is characterized by spontaneous development of scleroderma/systemic sclerosis (SSc), a fibrotic autoimmune disease. This longitudinal study examined the cellular inflammatory activity initiated by SILIKON 1000 (a silicone product used as a filler in human skin) at the site of intradermal (i.d.) injection and in the peripheral blood in the SSc-prone UCD 200/206 (UCD) chickens and healthy White Leghorn (WL) controls. Specifically, the pulps of growing feathers (GFs) were i.d. injected with SILIKON or endotoxin-free, sterile PBS (8 and 3 birds/line, respectively; 10 µL/GF; 20 GF/bird). Three GFs and heparinized blood were collected before (0 d) and at 0.25 (6 h), 1, 2, 3, and 7 d post-injection (p.i.) to determine immune cell profiles by immunofluorescent staining of pulp- and blood-cell suspensions and cell population analysis by fluorescence-based flow cytometry. GF-pulp injection of SILIKON resulted in similar, rapid (6 h) heterophil and macrophage increases in GF-pulps in both lines, with higher macrophage levels (% pulp cells) at 6 h in UCD than WL. While GF-pulp lymphocyte levels did not change post SILIKON injection in both lines, levels were higher in WL than in UCD at 1 d p.i. In the blood, concentrations (103 cells/μL) of heterophils, monocytes, and lymphocytes did not change significantly over time, but heterophil and monocyte concentrations were higher in UCD at 2 d and at 6 h and 7 d p.i., respectively. Examination of lymphocyte subsets revealed similarly elevated levels of B cells and CD4+ T cells in GF-pulps of both lines. In the blood, B cell concentrations increased similarly in both lines, reaching peak levels at 2 d p.i. Concentrations of CD4+, CD8+, or γδ T cells did not change post GF-pulp SILIKON injection in UCD, but in WL there was a shift in the proportions among CD4+ T cells and γδ T cells, with increased and decreased concentrations from 1 to 7 d, respectively. Comparisons of the effects of SILIKON 1000 and PBS injections revealed that SILIKON resulted in higher monocyte/macrophage and CD4+ T cell recruitment into GF-pulps of WL chickens, and in higher recruitment of total lymphocytes, especially γδ T cells, into GF-pulps of SSc-prone UCD chickens. These observations, together with the greater levels of monocytes/macrophages in SILIKON injected GF-pulps and blood of UCD chickens, highlight the qualitative differences in the inflammatory responses initiated by SILIKON in SSc-prone UCD and healthy WL chickens. It appears that the inflammatory response in the SSc-prone UCD 200/206 chickens may be heading towards collagen production and fibrosis, rather than normal tissue healing. More research is needed to determine the functional activities of the immune cells recruited to the site of SILIKON 1000 injection
Applying a Strained Masculinity Framework to Honor Killings and Incel Murders
Get PDFThe current study explores how pursuits of hegemonic masculinity can shape the comparative nature of Gender Based Violence (GBV), specifically incel killings and honor killings, in the United States over the past 30 years. Drawing from Allison and Klein\u27s (2021) strained masculinity framework and employing a homicide narrative approach, a qualitative theme analysis is conducted to determine whether existing thematic categories of strained masculinity determined relevant in prior research also apply to these relatively are forms of deadly GBV. Honor killing data come from Hayes, Freilich & Chermak (2016) and incel killing data come from the Extremist Crime Database (ECDB). This study finds that while existing categories of strained masculinity apply to incel killing and honor killings, how threats to masculinity are perceived by offenders and the circumstances in which they commit homicide are culturally specific
Meeting the Challenge: The Relationship Between Students’ Educational Gains and Teacher Full-Time Versus Part-Time Status
Get PDFThis study investigates the effect of instructor status—full-time versus part-time—on student Educational Functioning Levels (EFLs) in adult education centers across Arkansas from 2018 to 2023. Given that funding for these centers is directly tied to student performance, determining the most effective type of instructor is essential. The research examines programs like GED, English Language Learners (ELL), Integrated Education and Training (IET), and Workforce Alliance for Growth in the Economy (WAGE), addressing challenges such as a high number of adults without high school diplomas. Employing a regression model for analyzing EFL gains, the study seeks to provide actionable insights for hiring decisions and policy-making, enhancing educational outcomes and funding sustainability. The literature review suggests that full-time instructors may lead to better academic success due to their consistency and commitment, drawing on contemporary scholarly sources and grit theory. Methodologically, the study utilizes historical data through hierarchical regression analysis, with stratified random sampling ensuring representation. It uses secondary data from the LACES database for a robust quantitative basis, guiding educational administrators in optimizing staffing models. Despite geographic limitations, the study maintains ethical standards and offers insights into effective teaching strategies, influencing policy and resources distribution
Effect of Beam Bracing on the Seismic Performance of Laterally Skewed Reduced Beam Section Moment Connections with Composite Concrete Slabs
Get PDFExisting experimental reduced beam section (RBS) moment frame investigations, particularly those used for prequalification in AISC-358, consider orthogonally oriented beam-to-column connections. While the design commentary provided in AISC-358 references recent skewed SMF numerical studies and potential performance effects when a lateral beam skew is introduced, limited experimental studies have been performed to verify the numerical findings. This study presents an experimental investigation into the cyclic behavior of RBS special moment frames that have lateral skew at the beam-to-column connection and composite concrete slabs. In this study, a skewed composite double-sided RBS connection is tested, having beam bracing outside the RBS connection to contrast observed behavior with recent testing neglecting RBS bracing, as is allowed when a slab is present. The test specimen in this study considers a W24x131 column and two W24x76 beams connected at a 15-degree lateral skew angle. Experimental results show that the connection retained 80% of its plastic moment capacity during 4% drift, meeting AISC-358 prequalification requirements. A beam top-flange fracture was observed at 6% drift due to ultra-low cycle fatigue resulting from the repeated local buckling of the beam flange. Moderate column twisting, and minimal column flange yielding at the acute skew angle side of the connection were observed. Inelastic deformation was successfully localized to the RBS region and there were no signs of the connection weld fractures. Comparing results with previous testing neglecting beam bracing, lateral beam bracing within d/2 from the RBS is recommended for connections having beam skews greater than 10 degrees, even if a composite concrete slab is present
The Reality of Reputation: Exploring Proxy Measures and Predictive Modeling in \u3ci\u3eU.S. News & World Report\u3c/i\u3e College Rankings
Get PDFSince 1983, U.S. News & World Report (USNWR) has published annual college rankings that shape institutional decision-making, student choices, and public perceptions of higher education. While widely utilized, these rankings have been criticized for their reliance on subjective reputation metrics, methodological opacity, and emphasis on factors correlated with institutional wealth rather than student outcomes. This study examines whether publicly available data from sources such as the Integrated Postsecondary Education Data System (IPEDS) and the U.S. Department of Education’s College Scorecard can serve as proxies for the factors used in the USNWR National Universities 2025 Best Colleges rankings. Using statistical correlation analyses and regression modeling, the study assesses the extent to which these proxy measures predict the peer assessment factor, one of the most heavily weighted and controversial components of the rankings. Findings indicate that variables such as selectivity, faculty salaries, and financial resources per student exhibit strong predictive relationships with peer assessment scores, reinforcing concerns that rankings favor institutional affluence and historical prestige. These results provide insight into how rankings may shape institutional decision-making, particularly regarding resource allocation, and suggest that without increased financial investment, climbing the rankings remains challenging. Additionally, this study highlights recent changes to the USNWR methodology, including an increased emphasis on social mobility, and considers their implications for future rankings. By offering a data-driven analysis of ranking methodologies, this research informs ongoing debates about their validity and impact, equipping higher education stakeholders with a clearer understanding of their role in institutional strategy and public perception
Identifying Predictors of Student Success During Occupational Therapy Level II Fieldwork
Get PDFThe training paradigm for new occupational therapy (OT) practitioners includes both didactic classroom learning and clinical fieldwork experiences in order for them to establish clinical competency. However, many students struggle with the theory-to-practice gap of translating classroom knowledge to clinical experiences. When students struggle in this manner, it causes stress for all stakeholders involved, including the fieldwork educator, clinic managers, OT program faculty, as well as the student.
This study aims to avoid this stress by identifying predictors of student success by analyzing data from recent graduates of the University of Arkansas/University of Arkansas for Medical Sciences OT program through the use of multiple linear regression. “Success” will be measured by higher Fieldwork Performance Evaluation scores and potential predictors will include undergraduate and graduate student GPA and student scores on the Health Science Reasoning Test. Answering this question will provide OT programs with objective data when deciding which students are ready to embark on their Level II fieldwork rotations, and which students may need additional support