Digital Commons Network^™

Recognizing Taxpayers As Stakeholders In Municipal Bankruptcies, Diane Lourdes Dick

Faculty Articles

No abstract provided.

The Ecclesiastical Tribunals Field Hospital For Wounded Marriages: The New Matrimonial Processus Brevoir, Roberto Rosas

Faculty Articles

This article will focus on explaining the new marriage annulment processes of the Latin Church, which are found in the Motu proprio Mitis ludex Dominus lesus, although the same processes apply to the processes in the Eastern Churches. Any differences that exist between the two processes are due to the distinct ecclesiastical structure between one Church and another.

This explanation will advance the following points: (1) marriage; (2) reasons for a new matrimonial process; (3) guiding principles for the new process; (4) pastoral footprint of service to the faithful in ecclesiastic tribunals; (5) actualization of the ecclesiastic structure; (6) the …

The Duke Model: A Performance-Based Solution For Compensating College Athletes, David A. Grenardo

Faculty Articles

The time has long come for the NCAA, its member institutions, and college athletes to sit down and discuss compensating college athletes for playing. Rather than continue a war of words with increasing animosity between college athletes and the NCAA, the parties should take advantage of the existing infrastructures to begin a discussion that would lead to the abandonment of the prohibition on compensating athletes and the adoption of a model for payment. Once the parties begin that conversation about compensation for college athletes above their scholarship amounts, this article sets forth a proposal, the "Duke Model," that serves as …

Strategies To Promote Health In North American French Jewish Immigrants, Balkys L. Bivins, Rosemary F. Hall

Faculty Articles

Anti-Semitism in the form of violent acts is on the rise in France and throughout Europe. These incidents and the looming threat of targeted violence are leading to the outmigration of Jewish individuals in France to Israel, Canada, and the United States. The health impact of this migration on individuals of the French Jewry who are now residing in the United States has not been studied. This paper will propose and address the need for culturally tailored nursing strategies to make a positive impact on the health, well-being, and lives of these individuals. Additionally, the writers will discuss the challenges …

Evolution Of Water Institutions In The Indus River Basin: Reflections From The Law Of The Colorado River, Daniel Mccool, Jason Anthony Robison, Erum Sattar

Faculty Articles

Transboundary water institutions in the Indus River Basin can be fairlycharacterized as broken in key respects International relations between India andPakistan over the Indus Waters Treaty as well as interprovincial relations withinPakistan over the 1991 Water Accord speak to this sentiment Stemming fromresearch undertaken by the authors for the Harvard Water Federalism Project andthe United States Agency for International Development USAID this Articleseeks to spur the evolution of the Indus River Basin's water institutions by offeringa comparative perspective from North America's most ÔÇ£institutionallyencompassedÔÇØ basin the Colorado River Basin Mindful of the importance ofcontext for comparative water law and policy scholarship …

Civility Is Needed In College Classroom—Now More Than Ever, Robert W. Hill

Faculty Articles

No abstract provided.

Blockchain's Treacherous Vocabulary: One More Challenge For Regulators, Angela Walch

Faculty Articles

No abstract provided.

Alterations In Gene Expression Of Components Of The Renin-Angiotensin System And Its Related Enzymes In Lung Cancer., Benjamin Goldstein, Malav Suchin Trivedi, Robert Charles Speth

Faculty Articles

Objectives. The study assessed the existence and significance of associations between the expression of fifteen renin-angiotensin system component genes and lung adenocarcinoma. Materials and Methods. NCBI’s built-in statistical tool, GEO2R, was used to calculate Student’s -tests for the associations found in a DNA expression study of adenocarcinoma and matched healthy lung tissue samples. The raw data was processed with GeneSpring™ and then used to generate figures with and without Sidak’s multiple comparison correction. Results. Ten genes were found to be significantly associated with adenocarcinoma. Seven of these associations remained statistically significant after correction for multiple comparisons. Notably, AGTR2, which encodes …

International Environmental Law, Environmental Justice, And The Global South, Carmen Gonzalez, Sumudu Atapattu

Faculty Articles

No abstract provided.

A Direct In Vivo Comparison Of The Melanocortin Monovalent Agonist Ac-His-Dphe-Arg-Trp-Nh2 Versus The Bivalent Agonist Ac-His-Dphe-Arg-Trp-Pedg20-His-Dphe-Arg-Trp-Nh2: A Bivalent Advantage, Cody J Lensing, Danielle N Adank, Stacey L Wilber, Katie T Freeman, Sathya M Schnell, Robert Charles Speth, Adam T Zarth, Carrie Haskell-Luevano

Faculty Articles

Bivalent ligands targeting putative melanocortin receptor dimers have been developed and characterized in vitro, however studies of their functional in vivo effects have been limited. The current report compares the effects of homobivalent ligand CJL-1-87, Ac-His-DPhe-Arg-Trp-PEDG20-His-DPhe-Arg-Trp-NH₂, to monovalent ligand CJL-1-14, Ac-His-DPhe-Arg-Trp-NH₂ on energy homeostasis in mice after central intracerebroventricular (ICV) administration into the lateral ventricle of the brain. Bivalent ligand CJL-1-87 had noteworthy advantages as an anti-obesity probe over CJL-1-14 in a fasting-refeeding in vivo paradigm. Treatment with CJL-1-87 significantly decreased food intake compared to CJL-1-14 or saline (50% less intake 2 to 8 hours after …

Loss Of Resistance To Angiotensin Ii-Induced Hypertension In The Jackson Laboratory Recombination-Activating Gene Null Mouse On The C57bl/6j Background, Hong Ji, Amrita V Pai, Crystal A West, Xie Wu, Robert Charles Speth, Kathryn Sandberg

Faculty Articles

Resistance to angiotensin II (Ang II)–induced hypertension in T-cell–deficient male mice with a targeted mutation in the recombination-activating gene-1 (Rag1) on the C57BL/6J background (B6.Rag1^−/−-M), which was reported by 5 independent laboratories including ours before 2015, has been lost. In mice purchased from Jackson Laboratory in 2015 and 2016, the time course and magnitude increase in mean arterial pressure induced by 2 weeks of Ang II infusion at 490 ng/kg per minute was identical between B6.Rag1^−/−-M and male wild-type littermates. Moreover, there were no differences in the time course or magnitude increase …

A Consensus Definitive Classification Of Scavenger Receptors And Their Roles In Health And Disease, Mercy R Prabhudas, Cynthia L Baldwin, Paul L Bollyky, Dawn M E Bowdish, Kurt Drickamer, Maria Febbraio, Joachim Herz, Lester Kobzik, Monty Krieger, John Loike, Benita Mcvicker, Terry K Means, Soren K Moestrup, Steven R Post, Tatsuya Sawamura, Samuel Silverstein, Robert Charles Speth, Janice C Telfer, Geoffrey M Thiele, Xiang-Yang Wang, Samuel D Wright, Joseph El Khoury

Faculty Articles

Scavenger receptors constitute a large family of proteins that are structurally diverse and participate in a wide range of biological functions. These receptors are expressed predominantly by myeloid cells and recognize a diverse variety of ligands including endogenous and modified host-derived molecules and microbial pathogens. There are currently eight classes of scavenger receptors, many of which have multiple names, leading to inconsistencies and confusion in the literature. To address this problem, a workshop was organized by the United States National Institute of Allergy and Infectious Diseases, National Institutes of Health, to help develop a clear definition of scavenger receptors and …

Correlative Rights And Limited Common Property In The Pore Space: A Response To The Challenge Of Subsurface Trespass In Carbon Capture And Sequestration, Tara Kathleen Righetti

Faculty Articles

Carbon dioxide and other substances injected as part of carbon capture and sequestration CCS have the potential to migrate beyond the confines of the injection project creating the potential for trespass In order for CCS to be viable legal clarity on the issue of subsurface trespass is required This Article argues that the challenge of subsurface trespass associated with CCS can be overcome by conceptualizing pore space rights in the storage complex as limited common property with rights of proportionate use The traditional oil and gas framework of correlative rights can be a valuable model to promote investment encourage private …

The Cfpb Proposed Arbitration Ban, The Rule, The Data, And Some Considerations For Change, Ramona L. Lampley

Faculty Articles

Predispute consumer arbitration has sparked energetic debate and sharply divides the utility of the class action versus the utility of individual arbitration. Thus far, the U.S. Supreme Court’s jurisprudence has given a “thumbs up” approach to predispute consumer arbitration waivers, which almost always include a class waiver agreement. Congress showed little interest in amending the Federal Arbitration Act (“FAA”), even for consumer cases. It seems that consumer arbitration was the “wild west” of the law, in that it was largely unregulated and could direct claims to the black hole of private dispute resolution. In May 2016, the Consumer Financial Protection …

Fear And Loathing In Persuasive Writing: An Empirical Study Of The Effects Of The Negativity Bias, Kenneth D. Chestek

Faculty Articles

Cognitive psychologists have identified a phenomenon they call the negativity bias in which humans seem to remember and be affected by negative information more strongly than by positive information What are the implications of this bias for legal writers Should they focus on negative themes describing the opposing side as bad instead of positive ones describing their clients as good and worthy More specifically do trial judges fall prey to the negativity biasThis article describes an empirical test in which 163 judges were asked to read different versions of a Preliminary Statement to a trial brief some using positive themes …

Red America, Blue America: A Country (Campus) Very Much Divided, Robert W. Hill

Faculty Articles

No abstract provided.

Baseball's Conflict Of Law, Mark W. Cochran

Faculty Articles

There is a conflict of laws in Major League Baseball, resulting from the National League’s refusal to adopt the Designated Hitter Rule, and the American League’s refusal to abandon it. As is often the case when rules of two jurisdictions diverge, the conflict reflects a difference in priorities and philosophies between the two leagues. By adopting and maintaining the Designated Hitter Rule, the American League demonstrates its preference for offensive output at the expense of baseball tradition. The National League preserves tradition by adhering to the natural law of baseball.

The Path Of The Blockchain Lexicon (And The Law), Angela Walch

Faculty Articles

The terminology around blockchain technology is notoriously confusing, with disputes over whether a blockchain is the same as a distributed ledger or whether an appcoin is the same as a protocol token. In this article, I examine the difficulties the rapidly shifting, contested vocabulary poses for regulators seeking to understand, govern, and potentially use blockchain technology, and I offer suggestions for how to fight through the haze of unclear language.

I provide examples of the fluctuating, contested language in the blockchain technology space and describe the forces at play in shaping the language. I then lay out the problems the …

A Social Welfare Theory Of Inheritance Regulation, Mark Glover

Faculty Articles

The law of succession grants donors broad freedom to decide how to distribute their property upon death It does so in hopes of increasing social welfare in two general ways First freedom of disposition generates socially beneficial estate planning decisions In particular donors are in the best position to evaluate their own specific circumstances and to make decisions that on the whole produce the greatest utility from the transfer of their estates Second the donor's autonomy over estate planning decisions incentivizes socially beneficial behavior such as productivity during the life of the donor Because the law views freedom of disposition …

Enhancing Cybersecurity In The Private Sector By Means Of Civil Liability Lawsuits - The Connie Francis Effect, Jeffrey F. Addicott

Faculty Articles

The purpose of this article is to explore the threats posed by cybersecurity breaches, outline the steps taken by the government to address those threats in the private sector economy, and call attention to the ultimate solution, which will most certainly spur private businesses to create a more secure cyber environment for the American people-a Connie Francis-styled cyber civil action lawsuit.

Guns, Bird Feathers, And Overcriminalization: Why Courts Should Take The Second Amendment Seriously, George A. Mocsary, Gwu Law Rps Submitter, Robert J. Cottrol

Faculty Articles

Who should the state punish Why Should punishment be proportional This article surveys in the context of these fundamental criminallaw questions the Second Amendment's constitutional history and jurisprudence A vast body of evidence shows that the framers of both the Second and Fourteenth Amendments intended to protect the individual's right to keep and carry arms for protection against both governmental and private aggressionYet courts unwilling to allow disfavored groups the means of selfdefense or fearing being blamed for criminal firearm activity have failed to enforce the right to bear arms to any meaningful extent After the Civil War the US …

A Plea For Constitutional Balance, Stephen Matthew Feldman

Faculty Articles

The fundamentalist approach of the conservative bloc of Justices on the US Supreme Court in regards to corporate spending on political campaigns skews government processes and generates unintended consequences This paper discusses the historical approach of the Framers to invigorate the new republican democratic government while protecting individual liberties by separating these into public and private spheres of activity

Political Ripples Ahead For Supreme Court Confirmation, Michael S. Ariens

Faculty Articles

No abstract provided.

Are Workers' Compensation 'Alternative Benefit Plans' Authorized By State Opt Out Schemes Covered By Erisa?, Michael C. Duff

Faculty Articles

There is continuing interest by employers in providing workers compensation benefits through ERISAgoverned employee benefit plans States have authority under Shaw v Delta Airlines SCt 1983 to allow employers to comply with state workers compensation laws through use of alternative ERISAgoverned employee multibenefit plans This is a judicallycreated exception to Section 514a of ERISA ÔÇò the statutes sweeping field preemption provision But what if a state allowed compliance with its workers compensation law by creating a law ÔÇò an optout law ÔÇò that in essence said employers did not have to comply with its workers compensation law Is such a …

Can Law Be A Source Of Insight For Other Academic Disciplines?, Stephen Matthew Feldman

Faculty Articles

Law has been a borrower but not a supplier Law schools in effect have been located on oneway streets with ideas flowing in but nothing going out This essay is intended to begin a dialogue that could change the oneway streets between law schools and other university departments into twoway streets I want to demonstrate that legal and jurisprudential studies can be a source of ideas for scholars in other fields In particular this essay argues that the legal concept of the burden of proof can illuminate disputes between theorists of modernism and postmodernism

Judging Law In Election Cases, Michael S. Kang, Joanna Shepherd

Faculty Articles

In Part I, we introduce our earlier work on election cases and judicial partisanship before setting forth our new approach to studying the influence of law on judicial decisionmaking. We describe the special nature of the election cases in our database that allow more persuasive inferences of judicial partisanship than typically derived in empirical work on judicial behavior. We then explain our new approach for measuring case strength based on counterpartisan decisionmaking by judges. In Part II, we apply our approach to case strength to our dataset and present our results. In a nutshell, partisanship appears to matter as expected …

Internet Safe Harbors And The Transformation Of Copyright Law, Matthew Sag

Faculty Articles

This Article explores the potential displacement of substantive copyright law in the increasingly important online environment. In 1998, Congress enacted a system of intermediary safe harbors as part of the Digital Millennium Copyright Act (DMCA). The internet safe harbors and the associated system of notice-and-takedown fundamentally changed the incentives of platforms, users, and rightsholders in relation to claims of copyright infringement. These different incentives interact to yield a functional balance of copyright online that diverges markedly from the experience of copyright law in traditional media environments. More recently, private agreements between rightsholders and large commercial internet platforms have been made …

Vulnerability And Inevitable Inequality, Martha Albertson Fineman

Faculty Articles

The abstract legal subject of liberal Western democracies fails to reflect the fundamental reality of the human condition, which is vulnerability. While it is universal and constant, vulnerability is manifested differently in individuals, often resulting in significant differences in position and circumstance. In spite of such differences, political theory positions equality as the foundation for law and policy, and privileges autonomy, independence and self-sufficiency. This article traces the origins and development of a critical legal theory that brings human vulnerability to the fore in assessing individual and state responsibility and redefining the parameters of social justice. The theory arose in …

Addressing The Retirement Crisis With Shadow 401(K)S, Deepa Das Acevedo

Faculty Articles

The United States has been juggling a handful of socio-economic crises lately. The subprime mortgage crisis, the auto industry crisis, the education crisis, the obesity crisis—the list isn’t short and shows no signs of becoming so. Within this group of economically and socially disruptive developments, the “retirement crisis”—the idea that most Americans will lack the financial resources to be secure and relatively satisfied in their golden years—seems somewhat banal because, for the most part, it has yet to hit. Even though baby boomers first started to age out of the workforce in 2011,the real cost of underfunded retirement is far …

Sovereignty And Social Change In The Wake Of India's Recent Sodomy Cases, Deepa Das Acevedo

Faculty Articles

American constitutional law scholars have long questioned whether courts can truly drive social reform, and this uncertainty remains even in the wake of recent landmark decisions affecting the LGBT community. In contrast, court watchers in India—spurred by developments in a special type of legal action developed in the late 1970s known as public interest litigation (PIL)—have only recently begun to question the judiciary’s ability to promote progressive social change. Indian scholarship on this point has veered between despair that PIL cases no longer reliably produce good outcomes for India’s most disadvantaged and optimism that public interest litigation can be returned …