Digital Commons Network^™

Corpus Linguistics As A Tool In Legal Interpretation, Lawrence Solan, Tammy Gales

Faculty Scholarship

No abstract provided.

Two Cheers For The Foreign Tax Credit, Even In The Beps Era, J. Clifton Fleming Jr., Robert J. Peroni, Stephen E. Shay

Faculty Scholarship

Reform of the U.S. international income taxation system has been a hotly debated topic for many years. The principal competing alternatives are a territorial or exemption system and a worldwide system. For reasons summarized in this article, we favor worldwide taxation if it is real worldwide taxation – i.e., a non-deferred U.S. tax is imposed on all foreign income of U.S. residents at the time the income in earned. This approach is not acceptable, however, unless the resulting double taxation is alleviated. The longstanding U.S. approach for handling the international double taxation problem is a foreign tax credit limited to …

R&D Tax Incentives--Growth Panacea Or Budget Trojan Horse?, Stephen E. Shay, J. Clifton Fleming Jr., Robert J. Peroni

Faculty Scholarship

No abstract provided.

The Hostile Poison Pill, A. Christine Hurt

Faculty Scholarship

No abstract provided.

“Goodness Itself Must Change” – Anthroponomy In An Age Of Socially-Caused, Planetary Environmental Change, Jeremy Bendik-Keymer

Faculty Scholarship

Given the reality of socially-caused, planetary-scaled, environmental change, how – if at all – should our ethical concepts change? It has been a hallmark of environmental literature in recent years to insist that they should or even must. It will be argued that, yes, our ethical concepts should change by exploring the changes needed for the core ethical concept of goodness. Goodness, it will be argued, must change to reflect a change in priority from personal intentions to the right relation between an agent and the collective to which he/she belongs. This relation, which is called herein the civic relation, …

3-D Microwell Array System For Culturing Virus Infected Tumor Cells, Umut A. Gurkan

Faculty Scholarship

Cancer cells have been increasingly grown in pharmaceutical research to understand tumorigenesis and develop new therapeutic drugs. Currently, cells are typically grown using two-dimensional (2-D) cell culture approaches, where the native tumor microenvironment is difficult to recapitulate. Thus, one of the main obstacles in oncology is the lack of proper infection models that recount main features present in tumors. In recent years, microtechnology-based platforms have been employed to generate three-dimensional (3-D) models that better mimic the native microenvironment in cell culture. Here, we present an innovative approach to culture Kaposi’s sarcoma-associated herpesvirus (KSHV) infected human B cells in 3-D using …

Et Tu, Android?: Regulating Dangerous And Dishonest Robots, Woodrow Hartzog

Faculty Scholarship

Consumer robots like personal digital assistants, automated cars, robot companions, chore-bots, and personal drones raise common consumer protection issues, such as fraud, privacy, data security, and risks to health, physical safety, and finances. They also raise new consumer protection issues, or at least call into question how existing consumer protection regimes might be applied to such emerging technologies. Yet it is unclear which legal regimes should govern these robots and what consumer protection rules for robots should look like.

This paper argues that the FTC's grant of authority and existing jurisprudence are well-suited for protecting consumers who buy and interact …

Designing And Improving A System Of Proactive Management-Based Regulation To Help Lawyers And Protect The Public, Susan Saab Fortney

Faculty Scholarship

Increasingly, lawyers and decision-makers are recognizing the limitations and consequences of current approaches to attorney regulation. Inspired by developments in other countries, regulators in the United States and Canada have started the process of exploring innovative approaches, including proactive management-based regulation. The term, proactive-management regulation (PMBR), was first used by Professor Ted Schneyer to refer to a regulatory approach designed to promote ethical law practice by assisting lawyers with practice management.

The seed for PMBR was first planted in the Australian state of New South Wales (NSW). It grew out of the legislation that allowed limited liability and non-lawyer ownership …

Neuroanatomy Accounts For Age-Related Changes In Risk Preferences, Michael Grubb

Faculty Scholarship

Many decisions involve uncertainty, or ‘risk’, regarding potential outcomes, and substantial empirical evidence has demonstrated that human aging is associated with diminished tolerance for risky rewards. Grey matter volume in a region of right posterior parietal cortex (rPPC) is predictive of preferences for risky rewards in young adults, with less grey matter volume indicating decreased tolerance for risk. That grey matter loss in parietal regions is a part of healthy aging suggests that diminished rPPC grey matter volume may have a role in modulating risk preferences in older adults. Here we report evidence for this hypothesis and show that age-related …

Who's On The Bench? The Impact Of Latino Descriptive Representation On U.S. Supreme Court Approval Among Latinos And Anglos [Post-Print], Diana Evans, Ana Franco, J L. Polinard, James Wenzel, Robert Wrinkle

Faculty Scholarship

Objectives

Few studies have examined the impact of the descriptive representation of Latinos on evaluations of the judiciary. This study helps to fill that gap by examining the effect of the appointment of Sonia Sotomayor on Latinos’ and Anglos’ evaluations of the U.S. Supreme Court.

Methods

Using repeated measures from surveys conducted in Texas in 2006 and 2011, we use ordered logit analysis to estimate the impact of the Sotomayor appointment on approval of the U.S. Supreme Court among Latinos and Anglos.

Results

At all levels of political knowledge, Latinos were more aware of the Sotomayor appointment than Anglos. Moreover, …

Demolition, Rehabilitation, And Conservation: Heritage In Shanghai’S Urban Regeneration, 1990–2015 [Post-Print], Xiaohua Zhong, Xiangming Chen

Faculty Scholarship

Urban heritage sites in central cities are most difficult to protect during rapid and large scale urban (re)development. Rising land values from property development conflict with and constrain heritage preservation. Compared with many cities in developed and developing countries, large Chinese cities have experienced a stronger redevelopment imperative, faster population growth, and a weaker concern for urban heritages over the last three decades. We use Shanghai to examine the contested evolution of heritage preservation against massive urban redevelopment through three stages from 1990 to the present. Using three heritage projects (Xintiandi, Tianzifang, Bugaoli), we focus on: 1) how each project …

Galaxy And Mass Assembly (Gama) : Detection Of Low-Surface-Brightness Galaxies From Sdss Data., Richard P. Williams, I. K. Baldry, L. S. Kelvin, P. A. James, S. P. Driver, M. Prescott, S. Brough, M. J. I. Brown, L. J. M. Davies, Benne W. Holwerda, J. Liske, P. Norberg, A. J. Moffett, A. H. Wright

Faculty Scholarship

We report on a search for new low-surface-brightness galaxies (LSBGs) using Sloan Digital Sky Survey (SDSS) data within the Galaxy And Mass Assembly (GAMA) equatorial fields. The search method consisted of masking objects detected with SDSS photo, combining gri images weighted to maximize the expected signal-to-noise ratio, and smoothing the images. The processed images were then run through a detection algorithm that finds all pixels above a set threshold and groups them based on their proximity to one another. The list of detections was cleaned of contaminants such as diffraction spikes and the faint wings of masked objects. From these, …

Inefficient Efficiency: Crying Over Spilled Water, Vanessa Casado-Pérez

Faculty Scholarship

As the drought in Western states worsens, the agricultural sector is being criticized for failing to adopt technical responses, such as shifting to less water-demanding crops and state-of-the-art irrigation systems, in a timely manner. However, these responses can have the reverse effect: they can increase water consumption. Technological responses alone are insufficient to reduce water consumption if unaccompanied by changes in how the law defines and allocates water rights. This paper proposes a redefinition of water rights to ensure that changes in crops or irrigation techniques are socially efficient.

In the West, which uses the doctrine of prior appropriation to …

Legislative Exactions And Progressive Property, Timothy M. Mulvaney

Faculty Scholarship

Exactions — a term used to describe certain conditions that are attached to land-use permits issued at the government’s discretion — ostensibly oblige property owners to internalize the costs of the expected infrastructural, environmental, and social harms resulting from development. This Article explores how proponents of progressive conceptions of property might respond to the open question of whether legislative exactions should be subject to the same level of judicial scrutiny to which administrative exactions are subject in constitutional takings cases. It identifies several first-order reasons to support the idea of immunizing legislative exactions from heightened takings scrutiny. However, it suggests …

Juvenile Competency And Pretrial Due Process: A Call For Greater Protections In Massachusetts For Juveniles Residing In Procedural Purgatory, Wendy J. Kaplan, Mark Rapisarda

Faculty Scholarship

While juvenile courts continue to balance and reevaluate the dual goals of community safety and rehabilitation of youth, juveniles who are not competent to stand trial have been left without sufficient procedural protections. This paper examines Massachusetts’ approach to juvenile competency, due process, and pretrial procedure, within a national context. The inadequacies of the Massachusetts juvenile competency laws are not unique. Currently there are nineteen states that either entirely lack juvenile-specific competency legislation or merely incorporate inapposite adult criminal statutes and standards into the juvenile context—making it difficult or impossible for those juvenile courts to dismiss or divert a delinquency …

Defining Hate Speech, Andrew Sellars

Faculty Scholarship

There is no shortage of opinions about what should be done about hate speech, but if there is one point of agreement, it is that the topic is ripe for rigorous study. But just what is hate speech, and how will we know it when we see it online? For all of the extensive literature about the causes, harms, and responses to hate speech, few scholars have endeavored to systematically define the term. Where other areas of content analysis have developed rich methodologies to account for influences like context or bias, the present scholarship around hate speech rarely extends beyond …

The Trauma Of The Routine: Lessons On Cultural Trauma From The Emmett Till Verdict, Angela Onwuachi-Willig

Faculty Scholarship

Cultural traumas are socially mediated processes that occur when groups endure horrific events that forever change their consciousness and identity. According to cultural sociologists, these traumas arise out of shocks to the routine or the taken for granted. Understanding such traumas is critical for developing solutions that can address group suffering. Using the African American community’s response to the not guilty verdict in the Emmett Till murder trial as a case study, this article extends cultural trauma theory by explicating how cultural traumas can arise not only when routines are disrupted but also when they are maintained and reaffirmed in …

The Privacy Policymaking Of State Attorneys General, Danielle K. Citron

Faculty Scholarship

Accounts of privacy law have focused on legislation, federal agencies, and the self-regulation of privacy professionals. Crucial agents of regulatory change, however, have been ignored: the state attorneys general. This article is the first in-depth study of the privacy norm entrepreneurship of state attorneys general. Because so little has been written about this phenomenon, I engaged with primary sources — first interviewing state attorneys general and current and former career staff, and then examining documentary evidence received through FOIA requests submitted to AG offices around the country.

Much as Justice Louis Brandeis imagined states as laboratories of the law, offices …

Regulating Off-Label Promotion — A Critical Test, Christopher Robertson, Aaron S. Kesselheim

Faculty Scholarship

In 2012, the U.S. Court of Appeals for the Second Circuit handed down a landmark decision in the case of pharmaceutical sales representative Alfred Caronia. The Food and Drug Administration (FDA) had approved sodium oxybate (Xyrem) for treating narcolepsy, but Caronia promoted it for a wide range of nonapproved (off-label) indications, including insomnia, Parkinson’s disease, and fibromyalgia. Off-label use is common, especially in specialties such as oncology, in which it may even be considered the standard of care. However, surveys have revealed that supporting evidence is lacking for a majority of off-label uses of medical products.1 The uses Caronia …

Minding Ps And Qs: The Political And Policy Questions Framing Health Care Spending, William M. Sage

Faculty Scholarship

Tracing the evolution of political conversations about health care spending and their relationship to the formation of policy is a valuable exercise. Health care spending is about science and ethics, markets and government, freedom and community. By the late 1980s the unique upward trajectory of post-Medicare U.S. health care spending had been established, recessions and tax cuts were eroding federal and state budgets, and efforts to harness market forces to serve policy goals were accelerating. From the initial writings on “managed competition,” through the failed Clinton health reform effort in the early 1990s, to the passage of the Affordable Care …

Conviction By Prior Impeachment, Anna Roberts

Faculty Scholarship

No abstract provided.

Associations Between Teacher-Reported School Climate And Depressive Symptoms In Australian Adolescents : A 5-Year Longitudinal Study., Patrick Pössel, Christopher Rakes, Kathleen Moritz Rudasill, Michael G. Sawyer, Susan H. Spence, Jeanie Sheffield

Faculty Scholarship

Adolescent depression is serious and common. As adolescents spend approximately 15,000 h in school, this setting is a logical place to seek etiological factors. Research suggests there are negative associations between school climate and adolescent depressive symptoms. However, such studies typically use student reports of both climate and depressive symptoms; this is problematic because common method variance results when the same individual provides information on all variables, contributing to overestimations of associations between depressive symptoms and school climate. Therefore, the purpose of this study is to examine the association between teacher-reported school climate and adolescent-reported depressive symptoms. Thus, 2545 Australian …

“Government By Injunction,” Legal Elites, And The Making Of The Modern Federal Courts, Kristin Collins

Faculty Scholarship

The tendency of legal discourse to obscure the processes by which social and political forces shape the law’s development is well known, but the field of federal courts in American constitutional law may provide a particularly clear example of this phenomenon. According to conventional accounts, Congress’s authority to regulate the lower federal courts’ “jurisdiction”—generally understood to include their power to issue injunctions— has been a durable feature of American constitutional law since the founding. By contrast, the story I tell in this essay is one of change. During the nineteenth century and into the twentieth, many jurists considered the federal …

On The Origin Of Synthetic Life: Attribution Of Output To A Particular Algorithm, Roman V. Yampolskiy

Faculty Scholarship

With unprecedented advances in genetic engineering we are starting to see progressively more original examples of synthetic life. As such organisms become more common it is desirable to gain an ability to distinguish between natural and artificial life forms. In this paper, we address this challenge as a generalized version of Darwin's original problem, which he so brilliantly described in On the Origin of Species. After formalizing the problem of determining the samples' origin, we demonstrate that the problem is in fact unsolvable. In the general case, if computational resources of considered originator algorithms have not been limited and priors …

Sroi In The Pay For Success Context: Are They At Odds?, Robert L. Fischer, Francisca García Cobián Richter

Faculty Scholarship

The Pay For Success (PFS) and Social Impact Bond (SIB) movements to date have focused heavily on shorter-term outcomes that can be monetized and show clear savings to government entities. In part, this focus derives from the need to specify contract payments based on a narrow set of well measured outcomes (e.g., avoided days in jail and foster care, decreased use of behavioral health services). Meanwhile efforts to measure the social return on investment (SROI) of interventions have sought to expand the view of relevant outcomes to include domains that lend themselves less clearly to monetization. This paper explores the …

Brief Of Amici Curiae Naacp Legal Defense & Educational Fund, Inc.; Legal Aid Society — Employment Law Center; Professor D. Wendy Greene; And Professor Angela Onwuachi-Willig In Support Of Plaintiff/Appellant's Petition For Rehearing En Banc, Angela Onwuachi-Willig, D. Wendy Greene

Faculty Scholarship

The NAACP Legal Defense and Educational Fund, Inc. (“LDF”) is a nonprofit legal organization that has fought to achieve racial justice and ensure that America fulfills its promise of equality for all. Since 1964, LDF has worked to enforce Title VII of the Civil Rights Act (“Title VII”) by representing individual plaintiffs and plaintiff classes in challenges to discriminatory employment practices engaged in by employers in such cases as Griggs v. Duke Power Co., 401 U.S. 424 (1971); Albemarle Paper Co. v. Moody, 422 U.S. 405 (1975); and Phillips v. Martin Marietta Corp., 400 U.S. 542 (1971). …

Embodied Conceivability: How To Keep The Phenomenal Concept Strategy Grounded, Guy Dove, Andreas Elpidorou

Faculty Scholarship

The Phenomenal Concept Strategy (PCS) offers the physicalist perhaps the most promising means of explaining why the connection between mental facts and physical facts appears to be contingent even though it is not. In this essay, we show that the large body of evidence suggesting that our concepts are often embodied and grounded in sensorimotor systems speaks against standard forms of the PCS. We argue, nevertheless, that it is possible to formulate a novel version of the PCS that is thoroughly in keeping with embodied cognition, focuses on features of physical concepts, and succeeds in explaining the appearance of contingency.

Gcc Vat: The Intra-Gulf Trade Problem, Richard Thompson Ainsworth, Musaad Alwohaibi

Faculty Scholarship

It seems reasonably clear that by January 1, 2018 events will be set in motion for the adoption of a community-wide 5% value added tax (VAT) in the six Member States of the Gulf Cooperation Council (GCC).

The GCC’s Framework VAT document is expected to be published by the end of October 2016. One of the clearest, consistently placed observations is that the Arabian VATs will be destination-based and modeled on a European credit-invoice design. Intra-Gulf business-to-business (B2B) transactions will be effectively zero-rated by the supplier, and the buyer’s VAT will be directed to the destination jurisdiction. It is not …

The Logic Of Contract In The World Of Investment Treaties, Julian Arato

Faculty Scholarship

No abstract provided.

Detritus Quality And Locality Determines Survival And Mass, But Not Export, Of Wood Frogs At Metamorphosis, Joseph R. Milanovich, Kyle Barrett, John A. Crawford

Faculty Scholarship

Single-site experiments have demonstrated detritus quality in wetlands can have strongly negative, neutral, and even positive influences on wildlife. However, an examination of the influence of detritus quality across several regions is lacking and can provide information on whether impacts from variation in detritus quality are consistent across species with wide ranges. To address this gap in regional studies we examined effects of emergent and allochthonous detritus of different nutrient qualities on amphibians and assessed a mechanism that may contribute to potential impacts. We used aquatic mesocosms to raise wood frogs (Rana sylvatica) from two regions of the United States …