Digital Commons Network^™

The Relationship Between Black And Gay Community Involvement And Hiv-Related Risk Behaviors Among Black Men Who Have Sex With Men, Dexter R. Voisin

Faculty Scholarship

Black gay men must navigate identities and stigmas related to being gay and Black, and report higher HIV incidence relative to their White male counterparts although they report lower rates of drug use and risky sexual behaviors. This study examined whether closeness to the gay or Black community correlated with HIV-related risk and protective behaviors. Data were drawn from uConnect, a population-based cohort study of young Black men who have sex with men (YBMSM) on Chicago's South Side. The sample consists of 618 Black MSM ranging in age from 16 to 29. Cross-sectional measures for this study include Black and …

Pov: Scotus Should Not Permit “Boycott Of Same-Sex Marriage”, Linda C. Mcclain

Faculty Scholarship

On December 5, 2017, the Supreme Court heard oral argument in Masterpiece Cakeshop v. Colorado Civil Rights Commission, in which baker (self-described cake artist) Jack Phillips, owner of Masterpiece Cakeshop, asked the court to decide “whether applying Colorado’s public accommodations law to compel artists to create expression that violates their sincerely held religious beliefs about marriage violates the Free Speech or Free Exercise Clauses of the First Amendment.”

Is There A Right To Life For The Colorado River?, Reed D. Benson

Faculty Scholarship

A recent lawsuit, declaring the Colorado River has legal rights of its own, received national attention in the New York Times and High Country News. While the lawsuit had no chance of success, it highlighted important issues.

Motion Of A Janus Particle Very Near A Wall, Christopher L. Wirth

Faculty Scholarship

This article describes the simulated Brownian motion of a sphere comprising hemispheres of unequal zeta potential (i.e., “Janus” particle) very near a wall. The simulation tool was developed and used to assist in the methodology development for applying Total Internal Reflection Microscopy (TIRM) to anisotropic particles. Simulations of the trajectory of a Janus sphere with cap density matching that of the base particle very near a boundary were used to construct 3D potential energy landscapes that were subsequently used to infer particle and solution properties, as would be done in a TIRM measurement. Results showed that the potential energy landscape …

Book Review: Justice Triage, Milan Markovic

Faculty Scholarship

Benjamin Barton and Stephanos Bibas’s new book, Rebooting Justice: More Technology, Fewer Lawyers, and the Future of Law, is an eloquent exemplar of the deregulation literature. What sets Rebooting Justice apart from other works in the genre is that Barton and Bibas do not treat deregulation as a panacea. Their starting point is that Americans are not well served by lawyers’ monopoly over the legal services market, but they do not envision a world in which every legal problem is resolved ably and efficiently. Their goal is much more modest: a less complex legal system in which lawyer …

Plenary Power In The Modern Administrative State, Catherine Y. Kim

Faculty Scholarship

No abstract provided.

Sympathy For The Devil: Gawker, Thiel, And Newsworthiness, Amy Gajda

Faculty Scholarship

No abstract provided.

Making The Most Of Cooperative Federalism: What The Clean Power Plan Has Already Achieved, Gabriel Pacyniak

Faculty Scholarship

The fate of the EPA's Clean Power Plan-the signature Obama Administration action to reduce greenhouse gas ("GHG") emissions from existing power plants under the Clean Air Act-is uncertain at best given pending litigation and the opposition of President Donald Trump. Despite this uncertainty, the development of the Clean Power Plan provides an important case study of how rulemaking under a cooperative federalism statutory structure can prompt broad, beneficial policy engagement by states and stakeholders, even in a contentious regulatory action. In the development of the Clean Power Plan, active state and stakeholder engagement and an iterative process of "trying on" …

Globalisation Redux: Can China’S Inside-Out Strategy Catalyse Economic Development And Integration Across Its Asian Borderlands And Beyond? [Post-Print], Xiangming Chen

Faculty Scholarship

As the narrative of globalisation in crisis heats up, China has stepped up as a new champion of globalisation with its ‘Belt and Road Initiative’. This article repositions ‘China in the Global South’ to the front and centre of the globalisation discourse. Through a triangular framework, I differentiate and reconnect the three ‘master’ processes of urbanisation, development and globalisation to understand the inside-outside connections between China’s domestic transformation and strong impact in the Global South. Using China vs Southeast Asia and Central Asia, I document how China’s westward development has created new development opportunities for its overland neighbours and beyond.

Comparison Of Radio Frequency And Visible Light Propagation Channels For Vehicular Communications, Lin Cheng, Wantanee Viriyasitavat, Mate Boban, Hsin-Mu Tsai

Faculty Scholarship

Recent research has shown that both radio and visible light waves can be used to enable communications in highly dynamic vehicular environments. However, the roles of these two technologies and how they interact with each other in future vehicular communication systems remain unclear. Understanding the propagation characteristics is an essential step in investigating the benefits and shortcomings of each technology. To this end, we discuss salient properties of radio and visible light propagation channels, including radiation pattern, path loss modeling, noise and interference, and channel time variation. Comparison of these properties provides an important insight that the two communication channels …

American Contract Law For A Global Age, Franklin G. Snyder, Mark Burge

Faculty Scholarship

American Contract Law for a Global Age by Franklin G. Snyder and Mark Edwin Burge of Texas A&M University School of Law is a casebook designed primarily for the first-year Contracts course as it is taught in American law schools, but is configured so as to be usable either as a primary text or a supplement in any upper-level U.S. or foreign class that seeks to introduce American contract law to students.

A Vatcoin Proposal Following On The 2017 Eu Vat Proposals - Mtic, Vatcoin, And Blockchain, Richard Thompson Ainsworth, Musaad Alwohaibi, Michael Cheetham, Camille Tirand

Faculty Scholarship

The following proposal for an EU VATCoin was presented at the Digital Tax Transformations Conference, December 18 & 19, 2017 in Vienna, Austria at WU Global Tax Policy Center (WU GTPC) at the Institute for Austrian and International Tax Law of Vienna University of Business and Economics.

The EU Commission has proposed “far-reaching reforms” to solve some of the fraud in the EU VAT. It hopes to capture €50 billion lost annually to MTIC fraud in goods. It hopes to do this without addressing tradable services, a MTIC mutation which by all accounts is running strong.

Fortunately, the Commission is …

The Ecosystem Of Bioethics: Building Bridges To Public Health, Peter J. Whitehouse

Faculty Scholarship

Understanding bioethical inquiry as ecosystem aligns that thinking about health conceptually close to public health ethics. Despite having roots in decades-long, culturally-diverse, and disciplinarily-broad concerns about the relationships of human beings to environment as manifest in the work of Fritz Jahr and Van Rensselaer Potter, medical "mainstream" bioethics has maintained a relatively narrow focus on individual health. The practical instantiations of bioethics are inconsistent both with the term's own historical international contexts and the ecosystemic nature of health, a concept of systems that includes both cultural and biological interactions. Following a growing number of international calls for such change in …

Community Engagement And Social Activism In Legal, Aliza Organick

Faculty Scholarship

Organick encourages new law faculty to reach out to the clinicians on your faculty for support, potential collaborative projects. This benefits students, and lays the foundation for meaningful friendships.

Comment On Brewer: Form And Content In Legal Proof (Or Why Everybody Wins - Or At Least Gets A Participation Trophy), Gary S. Lawson

Faculty Scholarship

In 1980, I was in a Contracts class taught by the incomparable Arthur Leff. It became very clear very quickly that one student in that class was (apart from Professor Leff) the smartest and most interesting person in the room. That person was Scott Brewer. More than three and a half decades later, when I thought about who I would most like to invite to comment on my book Evidence of the Law: Proving Legal Claims, one name immediately shot into my mind: Scott Brewer. He was, as the saying goes, at the very top of my draft board. He …

The Audacity Of Protecting Racist Speech Under The National Labor Relations Act, Michael Z. Green

Faculty Scholarship

This Article, written for a symposium hosted by the University of Chicago Legal Forum on the Disruptive Workplace, analyzes the most recent failures of the National Labor Relations Board (NLRB) to determine a thoughtful and balanced approach in addressing racist speech. Imagine two employees in the private sector workplace are discussing the possibility of selecting a union to represent their interests regarding wages and working conditions. During this conversation, a black employee notes the importance of using their collective voices to improve working conditions and compares the activity of selecting a union with the Black Lives Matter protests aimed at …

Comments On Preliminary Draft 3 [Black Letter And Comments], Jane C. Ginsburg, June M. Besek

Faculty Scholarship

The absence of stated principles underlying the articulation of the black letter and comments – principles that the Reporters have said they will provide at the end of the process – continues to trouble the Draft. It remains unclear whether the Reporters are synthesizing positive law, or seeking to reform it. We are not contending that ALI should not push for law reform (even though Principles or some other form might provide a preferable and more transparent vehicle for aspirational endeavors), but we do think the objectives and methodology should be clear from the outset. We remain concerned that ALI’s …

Exploring The Meaning Of Experiential Deaning, Peggy Maisel, Margaret Martin Barry, Robert Dinerstein, Phyllis Goldfarb, Linda Morton

Faculty Scholarship

This article explores the position of associate dean of experiential education in law schools across the country and the central role associate deans play in the changing landscape of legal education. Experiential deans have broad responsibility for overseeing law schools’ experiential education programs. Additional responsibilities differ between institutions, but range from leading efforts to comply with new ABA standards to overseeing the integration of experiential education into the broader curriculum. Analyzing survey data collected from associate experiential deans across the country, the authors find the structure, content, and authority of the position is under-developed. The authors make recommendations on how …

Ai And Jobs: The Role Of Demand, James Bessen

Faculty Scholarship

In manufacturing, technology has sharply reduced jobs in recent decades. But before that, for over a century, employment grew, even in industries experiencing rapid technological change. What changed? Demand was highly elastic at first and then became inelastic. The effect of artificial intelligence (AI) on jobs will similarly depend critically on the nature of demand. This paper presents a simple model of demand that accurately predicts the rise and fall of employment in the textile, steel, and automotive industries. This model provides a useful framework for exploring how AI is likely to affect jobs over the next 10 or 20 …

Courts Also Won (Albuquerque) Mayoral Election, Kevin Washburn

Faculty Scholarship

In the 2017 Albuquerque mayoral election, one of the candidates sought to make the election a referendum on the New Mexico judiciary and was soundly defeated. In this respect, in addition to candidate and now Mayor-elect Time Keller, the courts also won the election.

The Antitrusting Of Patentability, Saurabh Vishnubhakat

Faculty Scholarship

Deciding a patent’s validity is costly, and so is deciding it incorrectly. Judges and juries must expend significant resources in order to reach a patent validity determination that is properly informed by the relevant facts. At the same time, patent validity determinations reached quickly and cheaply may conserve resources today while creating future costs. Wrongly preserving an invalid patent can distort the competitive market and enable abuses, such as nuisance litigation. Meanwhile, wrongly striking down a valid patent can undermine incentives for continued investment and commercialization in knowledge assets. Courts facing patent validity issues have begun to strike this balance …

Reducing Transportation Emissions In The Northeast And Mid-Atlantic: Fuel System Considerations, Gabriel Pacyniak, Drew Veysey, James Bradbury

Faculty Scholarship

In support of states interested in learning more about market-based policy options, the Georgetown Climate Center developed Reducing Transportation Emissions in the Northeast and Mid-Atlantic: Fuel System Considerations to explore technical aspects of a possible regional cap-and-invest policy, as an illustrative example of a market-based approach to a multi-state transportation policy. The paper focuses on two subjects: which fuels might be covered under a policy, and which entities in the transportation fuel supply chain might be responsible for reducing emissions.

The recommendations made in this paper are intended to support robust market-based policies that provide flexibility and enable innovation while …

Pathways To Delinquency And Substance Use Among African American Youth: Does Future Orientation Mediate The Effects Of Peer Norms And Parental Monitoring?, Dexter R. Voisin

Faculty Scholarship

The following study assessed whether future orientation mediated the effects of peer norms and parental monitoring on delinquency and substance use among 549 African American adolescents. Structural equation modeling computed direct and indirect (meditational) relationships between parental monitoring and peer norms through future orientation. Parental monitoring significantly correlated with lower delinquency through future orientation (B = −.05, standard deviation =.01, p <.01). Future orientation mediated more than quarter (27.70%) of the total effect of parental monitoring on delinquency. Overall findings underscore the importance of strengthening resilience factors for African American youth, especially those who live in low-income communities.

The Gifts Of Athanassios N. Yiannopoulos: Ever To Excel!, David D. Meyer

Faculty Scholarship

No abstract provided.

Manual On Pro Bono Appeals Programs For State Court Appeals, Verónica C. Gonzales-Zamora

Faculty Scholarship

Throughout the country, appellate bench, bar, and court staff have designed pro bono programs for state court appeals to help litigants of modest means who cannot afford quality appellate representation. The aim of this manual is to serve as a practical tool for appellate pro bono programs and for the expansion of and cross-pollination between existing programs. The manual provides a basic framework and then provides specific information on programs in 24 states.

Veronica Gonzales-Zamora worked on the sections covering Arizona, Colorado, Massachusetts, Nevada, New Mexico, Virginia, and Washington D.C.

Florida's "Cruises To Nowhere" Industry: Current Status And Future Prospects, Robert Jarvis

Faculty Scholarship

Obtaining Reliable Information about the "cruises to nowhere" CTN industry in Florida always has been difficult.

Reaching Out: Expanding Your Library’S Online Presence Using Online Tools, Erin Gow

Faculty Scholarship

The article offers information on expanding the online presence of a library, with examples from the law library at the University of Louisville. Topics discussed include using social media to reach the target audience, generating content, and developing a brand.

“She’S Definitely The Artist One”: How Learner Identities Mediate Multimodal Composing, James S. Chisholm, Andrea R. Olinger

Faculty Scholarship

Multimodal composing can activate literacy practices and identities not typically privileged in verbocentric English classrooms, and students’ identities as particular kinds of learners (e.g., “visual artist”) may propel—or limit—their engagement in classroom work, including in multimodal composing. Although researchers have studied the ways multimodal projects can evidence literacy learning and have argued that identity is negotiated, improvisational, and hybrid, they have offered few sustained analyses of the processes by which identities evolve during and across multimodal composing tasks. By examining how students position themselves and one another as particular kinds of learners over time, researchers can better understand the ways …

Decomposing The “Tacit Knowledge Problem:” Codification Of Knowledge And Access In Crispr Gene-Editing, Neil Thompson, Samantha Zyontz

Faculty Scholarship

No abstract provided.

The Admissibility Of Confessions Under Israeli Law: Procedural And Substantive Differences Between The “Free And Voluntary” Standard And The Judicial Exclusionary Rule For Unlawfully Obtained Evidence, Binyamin Blum, Yoram Rabin, Barak Ariel

Faculty Scholarship

No abstract provided.