Digital Commons Network^™

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 …

Survey Of Recent Halakhic Periodical Literature: A Rainproof Sukkah/ Reading The Shema In Latin/ Oral Obligations Unsupported By Kinyan, J. David Bleich

Faculty Articles

No abstract provided.

Recognizing Taxpayers As Stakeholders In Municipal Bankruptcies, Diane Lourdes Dick

Faculty Articles

No abstract provided.

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 …

Data Collection And The Regulatory State, Hillary Green, James Cooper, Ahmed Ghappour, Felix Wu

Faculty Articles

The following remarks were given on January 27, 2017 during the Connecticut Law Review's symposium, "Privacy, Security & Power: The State of Digital Surveillance."

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.

The Radical Majoritarianism Of Rule 23(B)(2), Myriam E. Gilles, Gary Friedman

Faculty Articles

One often reads that, “because of the group nature of the harm alleged and the broad character of the relief sought,” Rule 23(b)(2) classes are necessarily “homogenous and cohesive group[s] with few conflicting interests.” But that truism is debatable; at minimum, it begs the question of what counts as a “conflicting interest.” After all, class members often have conflicting positions with respect to the outcome of litigation — especially in significant injunctive-relief complex, structural reform cases of the type that Rule 23(b)(2) addresses. For example, it may be the case that a minority within an injunctive class would prefer to …

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 …

Survey Of Recent Halakhic Periodical Literature: Cadaveric Dental Implants, J. David Bleich

Faculty Articles

No abstract provided.

Churches' Lobbying And Campaigning: A Proposed Statutory Safe Harbor For Internal Church Communications, Edward A. Zelinsky

Faculty Articles

President Trump, reiterating the position he took during the presidential campaign, has recently reaffirmed his pledge to “get rid of and totally destroy the Johnson Amendment,” the provision of the Internal Revenue Code which prohibits tax-exempt institutions from participating in political campaigns. The Code also bars tax-exempt institutions, including churches, from substantial lobbying activities.

Rather than the blanket repeal of the Johnson Amendment proposed by President Trump, I argue for a statutory safe harbor for the internal communications of churches. This limited safe harbor would protect in-house church discussions from both Section 501(c)(3)’s ban on substantial lobbying and from that …

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 …

The Commercial Difference, Felix T. Wu

Faculty Articles

When it comes to the First Amendment, commerciality does, and should, matter. This Article develops the view that the key distinguishing characteristic of corporate or commercial speech is that the interest at stake is “derivative,” in the sense that we care about the speech interest for reasons other than caring about the rights of the entity directly asserting a claim under the First Amendment. To say that the interest is derivative is not to say that it is unimportant, and one could find corporate and commercial speech interests to be both derivative and strong enough to apply heightened scrutiny to …

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 …

Survey Of Recent Halakhic Periodical Literature: Refrigerators On Shabbat, J. David Bleich

Faculty Articles

No abstract provided.

Erie Step Zero, Alexander A. Reinert

Faculty Articles

Courts and commentators have assumed that the Erie doctrine, while originating in diversity cases, applies in all cases whatever the basis for federal jurisdiction. Thus, when a federal court asserts jurisdiction over pendent state law claims through the exercise of supplemental jurisdiction in a federal question case, courts regularly apply the Erie doctrine to resolve conflict between federal and state law. This Article shows why this common wisdom is wrong.

To understand why, it is necessary to return to Erie’s goals, elaborated over time by the U.S. Supreme Court. Erie and its progeny are steeped in diversity-driven policy concerns: concerns …

The Political Process Argument For Overruling Quill, Edward A. Zelinsky

Faculty Articles

Should the U.S. Supreme Court overrule Quill Corporation v. North Dakota? In Quill, the Court held that, under the dormant Commerce Clause of the U.S. Constitution, the states cannot impose the obligation to collect sales taxes on out-of-state vendors which lack physical presence in the taxing state. As internet commerce has grown, Quill’s physical presence test has severely hampered the states’ ability to enforce their sales taxes.

Much of the Supreme Court’s case law suggests that, under the banner of stare decisis, the Court should not overturn Quill. This case law indicates that it is Congress’s …

Erisa Preemption After Gobeille V. Liberty Mutual: Completing The Retrenchment Of Shaw, Edward A. Zelinsky

Faculty Articles

Gobeille v. Liberty Mutual Insurance Co. is the U.S. Supreme Court’s most recent preemption decision under the Employee Retirement Income Security Act of 1974 (ERISA). In Gobeille, the Court completed the process of reconciling the restrained approach to ERISA preemption announced in New York State Conference of Blue Cross & Blue Shield Plans v. Travelers Insurance Co. with the Court’s literal and expansive approach adopted earlier in Shaw v. Delta Air Lines, Inc. Gobeille consummated this reconciliation by confirming the sub silentio retrenchment of Shaw and its “plain language” approach in favor of Traveler’s broader construction of ERISA preemption. …

Conviction Integrity Units Revisited, Barry Scheck

Faculty Articles

“Conviction Integrity Unit” has become a brand name that has good public relations value for an elected official. But what does it really mean? Is it just a fashion accessory, a flashy but empty appellation intended to convey the idea that the office is extremely serious about correcting wrongful convictions and holding its own members accountable for errors or acts of misconduct, but really is not? Is conviction integrity nothing more than a passing fad, a nebulous slogan without real meaning that is good for propaganda purposes, but will not bring about any serious change in the way business is …

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 …